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Home My WebLink AboutBF Construction Inc. - 1999-11-15Recorded in Official Records, County of Orange Gary Granville, Clerk -Recorder IIIIIIIIIIIIIIIIII!IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIi1NO FEE WHEN RECORDED MAIL TO: 100 13 N12 0010005486 11:27am 01104101 CITY OF HUNTINGTON BEACH Office of the City Clerk 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to BF Construction, Inc. who was the company thereon for doing the following work to - wit: CC-1043 — City Gym and Pool Renovation Project — Phase Two The project includes the interior restorations of rooms of the City Gym and Pool and a complete historical restoration of the building exterior. IF That said work was completed December 18, 2000 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted it) by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, December 18, 2000. C- That upon said contract Amwest Surety Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 27th day of December, 2000. City Clerk and ex-offici CI k of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 27th day of December, 2000. City Clerk and ex-officio Clerk of the City Council of the Cit of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) (Per California Civil Code Section 3103) To: City of Huntington Beach Project: Huntington Beach City Gym &: Pool _ NSF U"'a F. FUOU ! NO HOLDERi p+AME) 2000 Main Street 1600 Palm Avenuc (ADDRESS IF D-RECTED TO A EUNR OR SAv W4 AND LOAN AS9N.. USE ADDRE3s OF MANCH F %tm FUI NO1 µODRESS► Huntington Beach, California 92648 HuntingtonBeach. CA 92648 (Crff.ENTATEAND ZIP) {CMWTATEANDMP) TAKE NOTICE THAT Califomia Commercial Pools, Inc. 4-AME OF THE PERSON OR FIRM CLAMING THE 1TOP No RCS. LICENSED CONTRACTORS MUST USE THE SAW UNDER WHICH CONTRACTOR S LICENSE IS MuE31 whose address is 2255 E. Auto Centre Drive,'GIendora, CA 91740-6721 40LDDRES2 OF PERSON OR FIRM CLAIACNO STOP NOTICE) has performed labor and furnished materials for a work of Improvement described as follows: Huntington Beach City Gym and Pool -1600 Palm Avenue, Huntington Beach, CA 92648 p.AME AND LOCATION OF THE PROJECT WHERE WORK OR MATERIALS WERE PuftwsNEDI The labor and materials fumis`red by claimant are of the following general kind: Rcmovc and replace mechanical eq�2rncnt at �+ao1, concrete R plumbing repairs, tile and replaster pool, and other misc. rcpairs. P.UND Of LASOR, Sk RVIC 1, EQUIPMENT.MATIUAL MSHE0 OR AGREED URT.ISN D Sy LAIMANT) The labor and materials were furnished to or for the following party: B F Construction, Inc., 310-A McArthur Way, upland, -, California 91786 QIAME OF THE PARTY WHO OFCERE9 THE •ORA OR MATERIALS) Total value of the whole amount of labor and materials agreed to be furnished Is :................... s 202.056.00 The value of the labor and materials furnished to date is: .............................................. $ 202,036.00 Claimant has been paid the sum of:..................................................................... s 173,700.00 Aid there Is due, owing and unpaid the sum of: ------------------------------------------------------ 1 28.356.00 You are required to set aside sufficient funds to satisfy this claim with Interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are In your hands. FIRM NAME: California Commercial Pools, Inc. B QULICE x STOP NCRTCECIAMANt) ro R ENT OF 1TOP 1 CE LAIYANT MOST SIGN IERE ANO yERIFY SELOYv) VERIFICATION v 1-,,the undersigned, say: I am the Vice-Presidcm the claimant r rrPRESTDIENTO/.•MANAGERo*••APARTNER Or.—OMMEROF!-AGENTOF,-ETC-) named in tje foregoing Stop Notice; I have read said Stop Notice and know the contents thereof, the same is true of my own knowledge: - - I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. . _. �.6 Executed on March 9, 2001 at Glendora Califomia PATE TMS OOCUMENT WAII SIGNED) ONAME OF Orf ANO STATE MINER[ NOTICE MONNEO) David E. Jackson U 0MR11ONALOG NATURE OF THE INDIVIDUALUMWU MEMING 71AI TYE CONTFNTa OF WOPNOTICE ARE TRUE) j REQUEST FOR NOTICEOF ELECTION (Private Works Only) (Per California Civil Code Section 3159, 3161. or 3162 ) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162. please send notice of such election and a copy of the bond within 30 days of such election In the enclosed preaddressed Stamped enyel9pe. This information must be provided by you under Civil Code Sections 3159, 31 61, or 3162. Signed: David. Jackson ♦)CLAIMANT WET ENCLOSE SELF4WO"SISEDSTAMPED 9WR*III [,�o"g& CITY OF HUNTINGTON BEACH �1 2000 MAIN STREET _ CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 27, 2000 Gary Granville County Clerk -Recorder P.O. Box 238 Santa Ana, CA 92702 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 190, Huntington Beach, CA 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self- addressed, stamped envelope. Sincerely, doxz� oak"IWv- Connie Brockway, CM0 City Clerk CB.jh Enclosure: Notice of Completion — CC-1043 City Gym & Pool Renovation Project — BF Construction, Inc. �� ITelophons: 714-53"227) WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Ma-n St. Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that t'te contract heretofore awarded by the City Council of the City of Huntington Beach, California to SF Construction, Inc. who was the company thereon for doing the following work to - wit: CC-1043 — City Gym and Pool Renovation Project — Phase Two The project includes the interior restorations of rooms of the City Gym and Pool and a complete historical restoration of the building exterior. That said work was completed December 18, 2000 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, December 18, 2000. That upon said contract Amwest Surety Insurance Company was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Bea:,h, California, this 27t' day of December, 2000. City Clerk and ex-officio CI ' k of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded In the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 27t' day of December, 2000. City Clerk and ex-offcio Clerk of the City Council of the Cit of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 CITY OF HUNTINGTON BEACH — �- 4niuk I MEETING DATE: December 18, 2000 DEPARTMENT ID NUMBER: PW 00-121 Council/Agency Meeting Held: i2 l�-Go DeferredlContinued to: Approved ❑ Conditio 'ly Approved ❑ Denied A-•l• ler ' Signaturg Ir - 44 a Council Meeting Date: December 18, 2000 Department ID Number: P 00=121 CITY OF HUNTINGTON BEACH,::= REQUEST FOR COUNCIL ACTION w t SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City AdministratorX/V PREPARED BY: OBERT F. BEARDSLEY, Director of Public Works 1 7 DAVID BIGGS, Director of Economic Development SUBJECT: Accept the City Gym and Pool Renovation Project, CC-1043 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City Council accept the BF Construction, Incorporated contract as completed for the construction of the City Gym and Pool Renovation Project, CC- 1043? Funding Source: A combination of Community Development Block Grant Funds and unappropriated General Fund Reserves were authorized for this project. Recommended Action: Motion To: 1. Accept the City Gym and Pool Renovation Project, CC-1043 at a final cost of $2,667,728, and authorize the City Clerk to f le a Notice of Completion with the County Recorder's Office. Alternative Action(s): None. Analysis: On November 15, 1999, the City Council awarded a contract to BF Construction, Incorporated, in the amount of $2,187,000 to construct the City Gym and Pool Renovation Project, CC-1043. The adopted project budget also included $218,700 to cover potential change orders. On March 20,2000, an additional $328,050 were authorized for change orders, for a total project budget of $2,733,750. J�i 00-121 dec 18 charlonne.doc .2• 12106100 4:01 Ph1 REQUEST FOR COUNCIL ACTION MEETING DATE: December 18, 2000 DEPARTMENT ID NUMBER: PW 00-121 The improvements have been completed per the approved plans and specifications. The Director of Public Works recommends acceptance of the project and requests that the City Clerk be authorized to file the Notice of Completion with the County Recorder. The following is a summary of the final project costs: 1. Contract Amount: 2. Change orders: Subtotal Council Approved $2,187,000 546,750 $2,733,750 Actual Expenditures $2,187,000 480,728 $2,667,728 Nine change orders were issued for this project. Refer to Attachment #1 for a breakdown of all related extra work that was performed on this project. The contractor has submitted a notice of potential claim to the City due to delays and extended overhead. Resolution has not yet been reached, and the staff is continuing to discuss these claims with the contractor. A final resolution will not impact the recordation of the Notice of Completion. Public Works Commission Review: The Commission reviewed this project on July 21, 1999 as an informational item from the Community Services Department. Environmental Status: This project was categorically exempt pursuant to section 15301, Class 1 of the CEQA Guidelines. Attachment(s�: RCA Author. Charlonne 00-121 dec 18 charlonne.doc -3- 1210710011:53 AM ATTACHMENT #1 Huntington Beach Gyro & Pool Building 17001 Credit on G>`RC vs Stone ($23,000) 17002 Added removal of trees and shrubs not on plans $3,869 17003 Added cost for furring at Gym $7,384 17004 Remove & Replace 1x6 Sheeting in Pool Room $144,742 17005 Remove & Replace Pool Tunnel Drain Pipe $3,545 17006 Remove & Replace rotted Ballon Framing entry $2,215 17007 Relocate storage boxes $340 17008 Added Blocking at Gym Wall (North) $2,116 17010 Block all shear Panel Edges at Gym $6,689 17011 Remove & Replace added Concrete slab @ Rm 24 $3,118 17012R Reattach Roof Joists North & South -As Built T&M $7,869 17013 Reframe floor at Room 119 $8,237 17014 Reattach Roof Joists at Ticket Room $6,945 17015 Replace West Wall Room 117 $21,658 17016 Repair and Skim walls Room 130 $10,331 17017 R/R All Pipe in Room 127 $3,167 17018 RIR Wood NE & NW Corners Room 127 $7,057 17019 Gym/Pool Roof - Screw Plywood $13,230 17020 R/R Windows & Trim - Reframe Rooms 136 & 137 $691 17021 Hose Bibbs #2 - Run New Copper to All $4,858 17023 R/R Rotten Boards - Room 104 $975 17024R R/R Wasteline to 3 Urinals Room 112 $10,046 17025 Replace 20% of Gym Siding $15,133 17026 Remove & Replace Plaster in Rooms 124 & 132 $8,797 17027 Added Plate at Wall #3 in Gym $1,270 17028 Damaged Wall Behind Urinal - Room 112 $5,221 17029 Replace Lav and D.F. Waste lines to Main - Rm 101-2 $3,482 17030 Additicnal Backing at Steel Column $1,726 17031 Plaster Patch Due to Security Systems Adds $1,393 17032 Run Naw Water From Shut Off Valve - Room 139 $2,062 17033 R. & R Dry Rotted Floor @ shower Rm 127 & 128 $3,452 17034 R&R 200 sq' of Masonry Above Skylight Lower Roof $7,315 17035 Beam Replacement in Gym $42,333 17036 Termite Damaged Joists @ Pool $6,531 17037 Change Conduits from 4" to 5" per SCE Drawings $2.619 17038 Brick Veneer at Parapet Wall $4,929 17039 Remove Lead Paint from Crown Moldings & Windows $28,895 17040 Dehumidifier Change $26,548 17041 Demo and Re -Plaster Pool $17,148 17042 New Ply Sheathing on Parapet V/alls-GymlPool Roof $6,367 17043 Lead Sheets for Roof Drains @ Gym Roof Deck $563 17044 Door Modifications Per City's Request $8,092 17045 Lead Abatement in Pool Room at Walls $19,610 17046 Remove and Replace Nine Existing Toilets $4,416 17047 Remove and Replace 650 Sq' Sidewalk $3,054 17049 Replaster Pool Area After Abatement $9,525 17050 Added Struts to Gym & Portico Not on Plans $8,398 17051 Paint Credit - Gym, Pool Ceilings & Eyebrow - Exterior ($4,000) Huntington Beach Gym & Pool Page hvo 17052 Masonry Credit ($16,500) 17053 Electrical Changes Made by City Inspector $4,774 17054 Extra Plug at Fire System Rocm # 154 S951 17055 Install Apoxy Flooring & Base to Womens Shower $4,380 17057 Remove and Replace Front Stairs $27,829 17059 Eliminate Trophy Case ($1,200) 17060 Replace Arch Window in Pool Area $1,145 1706OR Delete parapet Wall Cap (S1,127) 17061 Delete parapet Wall Cap (S2,500) 17062 Furnish new light fixtures Rm 159, 116, 115, & 124 $629 17064 Install Power & Controls for Pcol Equipment $6,504 17065 Install a 15 amp 3 Pole circuit Breaker and Wire $859 17068 Added Hose Bibb (Pool Area) $1,733 17069 Add 2" Service @ Pool $2,964 17075 Added Hardware for Exit Doors $1,054 17079 Relocate Stove Top $643 17082 Add GFI Receptacle to Kitchen Above Counter $553 17085 Relo ation of 2 receptacles in Room 152 $915 17086 Add 2 light fixtures and Move 1 fixture in Room 152 $1,399 17087 Delete Sound Panels in Dance Room on Side Walls ($893) 17088 Not Installing Window Screen ng on Gym West Wall ($7,409) 17089 Not Moving Existing Sprinkler Valves @ NE Corner ($409) 17090 New Boiler - Cost Difference Only $1,393 NONE Miscellaneous Credits (S27,890) TOTAL $480,728.00 RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Accept The City Gym & Pool Renovation Project CC-1043 I COUNCIL MEETING DATE: December 18, 2000 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the Cily Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over 55.000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (if applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator (Initial) ( } ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: FICA Author. Charlonne -�2_ Ferrera, Caren From: Vllella, Dan Sent: Wednesday, December 06, 2000 2:55 PM To: Ferrera, Caren Subject: RE: Need approval on these RCA's It sounds as if the money is already encumbered. If this is true, the language is fine. If this is the actual authorization to pay the contractors, then the specific account numbers should probably be Included. --Original Message From Ferrera, Caren Sent Wednesday, December 06, 2000 2:47 QM To: Vil:ella, Dan Subject: Need approval on these RCKs « File: 00-118 dec 18 chadonne.doc >> << File: 00-121 dec 18 chadonne.doc >> � r�f �t,�'i'`� Q �R� tip' �10 The funding for both of these was originally approved when the work was approved. These RCA's just ask the Council to accept the work as completed. Don't know if that makes a difference in hour we word the funding source. Caren i MEETING DATE: March 20, 2000 DEPARTMENT MBER: W 0 -27 n E 4-'rNL0*1t' . P14 Council/Agency Meeting Held: 3 Deferred/Continued to: Approved 0 Conditio fly Ap roved 0 Denied r t erk's Signature Council Meeting Date: March 20, 2000 Department ID Number: PW 00-27 CITY OF HUNTINGTON BEACH �- REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERSM. SUBMITTED BY; &A�Y SILVER, City Administrato PREPARED BY:k ROBERT F. BEARDSLEY, Director of Public Works -i4 n RON HAGAN, Director of Community Services SUBJECT: AUTHORIZE ADDITIONAL PROJECT CONTI GENCY FUNDS - CITY GYM & POOL HISTORICAL RESTORATION, PHASE 2, CC- 1043 Statement of Issue, Funding Source, Recomrnended Action, Alternative Action(s), Anafysis, Environmental Status, Attachment(s) Statement of Issue: There is a need for additional contingency funds to augment the current amount within the City Gym and Pool restoration project budget to provide corrective repairs for extensive damage that was hidden from view within the walls and roof. Funding Source: Undesignated, unappropriated General Fund Reserves. The current renovation is funded with a Federal Housing and Urban Development (HUD) loan under the Section 108 Program. On January 5, 1998, City Council approved the acceptance of this loan and the 20-year repayment schedule using future Community Development Block Grant entitlements for public projects. Recommended Action: Approve additional contingency funding from undesignated, unappropriated General Fund Reserves (from Account No. G-AA-30101 to Account No. E-HT-ED-016-3-90-00) in the amount of $328,050 and authorize the Director of Public Works to expend an amount not -to -exceed 25 percent of the project base bid amount. (MftoVo PJ /V&V-r4bFb Alternative Actionisf : SK l+nN� b �CTj N K q,'Dq 1-4vj ri-1�! 3-ti-007 1. Terminate work and direct staff to coordinate with the City Attorney's office regarding any potential claims by Contractor and its sub -contractors. E— 6 RCA Additional Contingency.DOT -2- 318100 12:30 PM REQUEST FOR ACTION MEETING DATE: March 20, 2000 DEPARTMENT ID NUMBER: PW 00-27 2. Approve the recommended action, but direct staff to implement a strategic reduction in the current scope of work to reduce expenditures accordingly. Analysis: The City Gym & Pool is located at the intersection of 16th Street and Palm Avenue. On November 15, 1999, the City Council approved the bid by BF Construction, Inc. to renovate the City Gym and Pool, Phase 2, for a total bid amount of $2,187,000 and a project contingency of $218,700 (10%). During the course of operation, the general contractor began to expose areas of extensive dry rot and deterioration that were concealed. For example, areas in the poolroom where interior wood structural framing members were reduced to nothing more than a pile of decomposed matter. In these instances, the masonry veneer is left standing unattached to any structural members. The conditions are much worse than predicted and anticipated; in fact, most of the wood framing shows this degree of damage. The major structural beam/column connection in the gymnasium has significant deterioration in two of the eight type connections. Working closely with the structural engineer, staff has designed a corrective repair that eliminates the need for structural shoring. The repair cost for these types of conditions exceeds the traditional 10 percent contingency allocation. Funding for the City Gym and Pool renovation project is from a Housing and Urban Development Section 108 loan. The loan amount had to be established prior to when the final engineering estimate was prepared by the consultant in order to process the loan due to the lengthy Federal approval procedure. When the project was released to go to bid, it was determined that the fixed amount of the loan would not cover the normal 25 percent contingency allocated for an historical renovation. Consequently, staff proceeded with a 10 percent contingency based on two factors: (1) The original non-destructive structural analysis on the City Gym and Pool indicated that the building was in overall good condition with no evidence of dry rot or water damage problems, and (2) During the first phase renovation in 1996, the City provided a 25 percent contingency, but only used 4 percent of the contingency to complete the first phase. Therefore, it was determined that Phase 2 of the project could reasonably be completed with a 10 percent contingency. A project contingency summary detailing the approved change order amount to date and a list of additional change order amounts and credits are attached. In conclusion, the general contractor has exposed the areas associated with the approved restoration and any further discovery should be of minor significance. Public Works Commission Review: A Public Works Commission request for action was prepared for the regularly scheduled meeting of March 15, 2000. The Commission's recommendation will be forthcoming to City Council. Environmental Status: Not Applicable RCA Additional Contingency -3- 319l00 4:31 PM REQUEST FOR ACTION MEETING DATE: March 20, 2000 DEPARTMENT ID NUMBER: PW 00-27 Attachment(s)• 1 Project Contingency Summary 2 Representative project site photos 3 FIS RCA Author: Doug Stack:jm RCA Additional Contingency.00T -4» 318100 11:44 AM ATTACHMENT #1 City Gym and Pool Renovation, CC-1043 Project Contingency Summary • CITY OF HUNTINGTON BEACH Pi ffilin Wnrlrs Pnninaarinn General Contractor: BF Construction, Incorporated 310-A McArthur Way Upland, CA 91786 Base Bid Amount: $ 2,187,000.00 PMR/RFI Approved Change Order Request, Initial Request Approved 001 GFRC substitution $ _ — — 23,000.OJ $_..._-.— —(?3,000.00 ). _ Removal of additional tress and miscellaneous landscaping___ _ _ 002/2 $ _ . 7,549.00 __- — —._ 3,869.00_ 004/4 __— --.gym Remove & reconstruct 1X6 sheathing @ pool and lead abatement of & pool roof $ 151,207.00 $ 144,742.00 005/5 Remove & reconstruct roof drain in pool tunnel 3,702.00 _$_ . __ 3,545.90 $ _ ____—_ 2,313:00 006/7_ _ Remove & reconstruct balloon framing @ entry — $ — — . 2,215.00_ 007/none Relocate storage bins _- . _ _.. _ ._ _-. _ _ _. $ -_ 354.00 _$ 008/15 Added blocking @ north shear wall; 3x vs. 2x $ 2,209.00 $ __. ,— _ _ 2,11 009/none Project Delay_ _ - _ -- _ - $ 1,267.00 OTO/14 Blocking @sheer panel edges in gym - _ _ -- 8,218.00 .$_. — — 6,689.00 - — 011/20_ Remove & reconstruct concrete slob, rm 24 — _ Reattach roof joists @ no_rth & south gym walls _ _ Reframe floor @ rm 119 ._ 3,260.00 _�-- $ $ $ — — 3,118.00_ — _ 6,752.00 —. 8,237.00 -- 6,945.00 012/21 $ 6,752.00 013/18 $ 8,610.00 014/16 — _ _ — _ Repair_floorjoists at ticket room Replace west wall at rm 117 _ - - _. _ -_ 10,737.00 015/33 $ 24,446.00 $ 10,331.00 016/19_ Repair & skim walls, rm_130 _ _ _.. _$ _ 10,331.00 $ 3,167.00 017/36 & reconstruct corroded horizontal piping, rm 127 $ — — 3,167.06 020/45_ _Remove Remove & reconstruct window and trim rm 136/137 $ 691.00 -$-- — — 691.00 $ 14,334.00 - 021 /39 New copper- piping for hose bid connections _ .-� — — 4_858.00 022 - - - - ---.. $ — --- $ _ 975.00 10,046.00 023/47 _Deleted -- Remove & replace rotten studs, rm 104 _ _ Remove & replace wasteline to three urinals_ rm 112 $.. $ -- —_ — 975.00 _ —_ — 10,046.00 024/37 Subtotal: $ 247,168.00 $ 217,294.00 COUNCIL AUTHORIZED CHANGE ORDER AMOUNT: $ 218,700.00 Available Change Order Amount: $ 1,406.00 PMR/RFI Change Order Request Estimated Approved 003/3 Additional furring for gym walls _—_ _.-_._..- ..__— $ 7,384.00 018/42 Remove & reconstruct rotten wood @ NE & NW_ corners rm 127 1 1,528.00 Addition to PMR 018, waterproof interior side of brick walls, install 018/42 additional blocking and new retaining clips into brick and secure to $ 3,000.00 $ — new blocking — 019/38 Roof sheathing screw fastening _ $ _ 13,230.00- 025/48 Replace 20%of gym wood siding _ -- $ _ _ _ 20,221.00 026/52 Remove & replace lath & plaster, rms 124/132 $ 8,800.00 — — .— 027/53 Remove and replace 3x sill floor plate (dry rot) vicinity columns in gym $ 2,000.00 $ _028/57 Replace studs & plates behind urinal rm 112 _- 029/58 Replace rusted waste lines for drinking fountains & lavatories, rm 101/102 — - _— _ _- _ $ 3,500.00 $ - 030/59 _ Additional backing at steel column _ _. 2,000.00 $ 1,500.00 _ 031 /60 __ PlasteLpatch due to security system additions _ _. -_-.. ._ $ 2,500.00 032/54 Run new water from shut off valve, rm 139 ._-._ $ 033/55 Replace dry rotten wood flooring @shower - rms 127/128 _ _ — $ _ 3,500.90 $ _ _ _ _ _ _ 034/63 _ Remove & repair 200 sq' of masonry above skylight -lower roof .—_ $ _ 7,500.00 $ $ XXX/40 _ Repair beam/column connection _ _ _ $- $ _200,000.00 4,000.00 -- - — --- XXX/51 -- Addition to PMR 015, replace windows in demolished wall unsalvagable), rm 117 — -- -- $ -- — — -- XXX/XX Misc dry no ool room _.— $ _ _ 2,500.00 $- XXX/XX Minor modifications to tubine fan roof penitrations 3,000.00 $ _- Micesllaneous minor RFI's - Undesignated _—. _ - .. _ 46,387.00 Subtotal $-- ---- -- 348,050.00---- PMR/RFI Contract Credits Estimated Approved 004/4 Roof paint preparation $ 20,000.00 $ - Subtotal $ --__—(20,000.001 Net Projected Shorffall. S 328,050.00 FETE Requested ADDITIONAL CONTINGENCY REQUESTED AiZUNT:J $ 328,050.00 Latl nvwtl 8/ m p �a,rAccIMTRgxIC ATrAnry MENTI ATTACHMEMI ATTACHMENT #2 � 1. �., ♦ c..�. �_ $ _�� IV L ._ti; l'�� '' � ,_ y � ,� �� '� �:: _:. `� -.mot � �l �. .: a ��t _ � ��i�� ft ��, 1 �4 E, fY _. V4�.. — ..� t � �' � __ ii - _ '.� _- -- r .� �� i �.. � -� Kitchen floor replacement February 2000 Deteriorated wall studs February 2000 Exterior wall replacement February 2000 No wall framing or sheeting ei]IIIHF, 2000 CASH CONTRACT NO. 1043 CITY GYM AND POOL Lead paint removal on rafters; root sheeting to be removed and replaced February 2000 CASH CONTRACT NO. 1043 CITY GYM AND POOL Roof drains clogged; water stands February 2000 ATTACHMENT #3 11 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICA TION To: Ray Silver, City Administrator From: John Reekstin, Director of Administrative Services Subject: FIS 2000-17 Adopt resolution to authorize additional project contingency funds for the City Gym and Pool Historical Restoration. Date: March 6, 2000 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Resolution to authorize additional project contingency funds for the City Gym and Pool Historical Restoration." If the Council approves this action (total appropriation of $328,050), the estimated unreserved, undesignated General Fund balance at September 30, 2000 will be reduced to $8,977,093. &IL J hn Reekstin, Director of Administrative Services ADOPTED BUDGET CURRENT ESTIMATE $ 5,675,000 $ 8,977,093 current Fund Balance -General Fund Adopted Budget Estimate Beginning Fund Balance 10/1/99 (unaudited) $ 11,734,000 $ 17,071,000 Plus Estimated Revenue 114 110,841 114,110,841 Less Estimated Expenditures (120,169,841) (120,169,841) Pending/Approved FIS's (1,706 857) Less FIS 2000-17 - (328 050) Estimated 9/30/00 Balance $ 5675,000 $ 8977,093 ESTIMATED GENERAL FUND BALANCE - SEPTEMBER 30, 2000 (14) March 20, 2000 - CouncillAgency Agenda - Page 14 E-13. (City Council) Adopt Resolution No. 2000-29 Declaring Weeds. Rubbish and Refuse to be a Public Nuisance -- Authorize Posting of Notifications on Specific Properties & Fixing Date of May 1, 2000 for Hearing Objections to the Removal Process —Weed Abatement 2030 (520.80) — Adopt Resolution No. 2000-29 — "A Resolution Of The City Council Of The City Of Huntington Beach Finding And Declaring That Certain Weeds Growing In The City, And Rubbish And Refuse Deposited On Public Ways And Private Property Are A Public Nuisance; And Fixing The Time For Hearing Protests And Objections To The Abatement Thereof"declaring weeds to be a public nuisance and fixing May 1, 2000 as the date for hearing objections to the removal process. Submitted by the Public Works Director. Funding Source: If the City ultimately clears the property, expenses will be recovered in property tax liens. Estimated costs to clear the City's 280 lots will be provided at the May 1, 2000 meeting. [Approved 7-0] E-14. (City Council) Approve First Amendment to ASL Consulting Engineers Professional Services Contract for Water_ Master_ Plan/Financing Plan Update — Execute Contract - Approve Modifications to Insurance R_eguirements (600.10) —1. Approve and authorize the Mayor and City Clerk to execute the First Amendment to the professional services contract - Amendment No. 9 To Agreement Between The City Of Huntington Beach And ASL Consulting Engineers For Updating Water System Master Plan/Financing Plan between the City of Huntington Beach and ASL Consulting Engineers and accept S100,000 self - insured retention of Professional Liability Coverage; and 2. Authorize the Director of Public Works to expend up to $42,000 to cover the contract amendment cost of $38,500 and potential change order expenditures of S3,500. Submitted by the Public Works Director. Funding Source: Water Master Plan contract services account - $42.000. [Approved 7-0] E-15.(City Council Authorize Additional Project Contingency Funds — City Gym and Pool Historical Restoration, Phase 2LCC-1043 — BF Construction_ Inc (600.80)-1. Approve additional contingency funding from undesignated, unappropriated General Fund Reserves (from Account No. G-AA-30101 to Account No. E-HT-ED-016-3-90-00) in the amount of $328,050; and 2. Authorize the Director of Public Works to expend an amount not to exceed 25 percent of the project base bid amount and to direct staff to implement a strategic reduction in the current scope of work to reduce expenditures accordingly and report findings to the - Commission at the conclusion of the project, and do whatever they can to cut costs and the scope of work as much as possible without affecting the historical quality of the building.. Submitted by the Community Services Director and the Pubi_ic Works Director. Funding Source: L)ndesignated, unappmpFiated-General-F id using future CB86 its. Undesignated, unappropriated General Fund Reserves. The current renovation is funded with a Federal Housing and Urban Development (HUD) loan under the Section 108 Program. On January 5, 1998, City Council approved the acceptance of this loan (13) March 20, 2000 - Council/Agency Agenda - Page 13 (Redevelopment A-gency) Approval as to Form: Office Space Lease Between Abdelmuti Ddvelopment Co. and Investment Builders, L.L.C. (Oceanview Promenade Suite 2E — Main -Pier Redevelopment Project Area (600.30) —Approve as to form the Office Space Lease between Abdelmuti Development Company and vestment Builders, L.L.C., for Suite 2E in the Oceanview Promenade. ubmitted by -the E nomic Develo ment Director. (Approval as to form required by Ow r Participation Agr ment between the Agency and Abdelmuti Development Compa }Funding Source: Rede lopment Tax Increment. [App ved 6-1 (Sullivan NO)] E-10. (C E-11. E-12. — Oranae Countv Sa — ADnrove Samole Cont 0 m $200,000 from the "ty's unappropriated Capital Sew fora $400,000 Sewe aster Plan update and an Inn authorize staff to apply the DISTRICT for this pr the DISTRICT for a 50% atch fora $2,000,000 ipli Harbour area. The city's $ 000,000 match wil ome awarded; award of qmRt funding. Submitted [Approved as amended 7 h't; acil ct 40.60) —1. Designate. - er and to serve as the 50% match w and Infiltration (111) Study, and ct; and 2. Authorize staff to apply to ning and improvement project for the from an EPA Grant already Water O Yard CCA 097 (600.80) — . Accept the low b submitted by American Restoration and Construction, Inc., and ap rove and authorize the ayor and City Clerk to execute the appropriate constructio contract for the Truck Was Facility Project at the Water Operations Yard CC- S7, for a total bid amount of $ 0,374.70; and 2. Authorize the Director of Public W rks to expend a total of $207,375. to cover the contract amount of $170,374.70, an timated construction change order co ngency of $17,Oaa.30 and supplemental a enditures of $20,00a. Submitted b the biic Works De artment. The project will bri the city into compliance with the National Po Cant Discharge Elimination System (NP S) requirements by providing clarification for se "ment control. Funding Source: F ds for this project are available in the Water Capital provement Budget. [Appro ed 7-0j luity councilAPprove rro ect clans ana 5 ecitications — t;eacn PyRuc Services C nter and Authorize Advertisement for Bids CC-1113 — Approve SaMple Contract 00.80) —1. Approve the project plans and specifications and authorize the rector of Public Works to request bids for the Beach Public Services Center, CC-1113; a 2. Approve the sample construction contract, subject to award of the contract to t lowest responsive/responsible bidder. Submitted b the CommunityServices Director an he Public Works Director. Funding Source: Pier Fund, $554,000. [Approved 7-0] (15) March 2D, 2000 - Council/Agency Agenda - Page 15 and the 20-year repayment schedule using future community development Block Grant entitlements for public projects. [Approved as amended 7-01 E-16 (City Council) Accept Bid and Award a Three -Year Professional Services Contract with Pacific Sports L.L.C. to Manage the Fourth of July Surf City Run1Ex o Annually Beginning in 2000 --Title Sponsor; Tommy HilfiperlNew York Road Runners' Club (600.10) --1. Accept the low responsivelresponsible bid submitted by Pacific Sports and approve a three-year contract - Professicnal Services Contract Between The City Of Huntington Beach And Pacific Sports, L.L.C. For The Management And Operation Of Running And Walking Event On The Fourth Of July 2000-2002; and 2. Authorize the Mayor and City Clerk to execute same. Submitted by the Community Services Director. Funding Source: General Fund, to be reimbursed from the Fourth of July fundraising activities and donations from Tommy Hilfiger and other sponsors, not to exceed $23,500. [Approved 7-01 E-17. (City Council) Accept Bid and Award Construction Contract to Baxter -Griffin Co., Inc., for the Installation of Emergency Vehicle Pre-Emption (EVPE) Detection at Five Signalized Intersections In Huntington Beach (FireMed Equipment Fund) CC-1108 (600.55) — 1. Approve the low responsive/responsible bid submitted by Baxter -Griffin Co., Inc., for the installation of Emergency Vehicle Pre-Emption (EVPE) Detection at Five Signalized Intersections in Huntington Beach; and 2. Authorize the Mayor and City Clerk to execute an appropriate construction contract in the amount of $86,670; and 3. Authorize the Director of Public Works to expend a total of 5100,000, including the contract amount of $86,670, potential construction change orders of $8,667, and supplemental expenditures of $4,663. Submitted by the Fire Chief and the Public Works Director. 1. Brookhurst at Garfield; 2. Newland at Garfield; 3. Springdale at Marina High School; 4. Bushard at Yorktown; 5. Brookhurst at Yorktown. Funding Source: FireMed funds $42,118.00, Measure M funds $57,882.00, necessary equipment purchased using FireMed funds $60,762.45. [Approved 7-0] (16) March 20, 2000 - Council/Agency Agenda - Page 16 Administrative Item F-1 \(City Council/Redevelopment Agency) Approve an Owner Participation Agreement [OPAL with Shelter for the Homeless dba American Lodaina (Shelter) Acauisition at ce nication from the Economic Development Director transmitting fo Council ration an Owner Participation Agreement (OPA) between the R development and Shelter for the Homeless (Shelter). This agreement proves a maximum of in HOME funds for the acquisition and rehabilitation of 78 2 Barton Drive. m ded Actions: Motion to: City Action: 1. Waive the 'ty's insurance requirements /acquisition proving the Agency loan agreement o y. Direct staff to ensure thsurance requirements are met by Shelte y the close of escrow. Redevelopment A c Actions: 1. Approve a loan agr ement with Shelter fShelter) for $350,000 in HOME Investment P rtnership funds for d rehabilitation of 7802 Barton Drive; and 2. Approve and authorize exec 'on y the Agency Chairman and Agency Clerk of the loan agreement and all attachments fter execution by Shelter, when advised by the City Attorney's Office a/dhr ordation of documents; and 3. Authorize the tranif neces ry) of Agency funds in the amount necessary to Apex Escrow Crow No. 0 18489) to effect the closing of the acquisition escrow. [Approved 7 G. Ordinances G-1. G-1a. Clt Council Approve Adoption of Ordinance No. 3456 to mend Contract with P S Public Employee Retirement System) to Provide Sec. 1354 2% at 55 Full ormula for Local Miscellaneous Plan Members (640.10) — O inance No. 3456 — "An Ordinance of the City Council of the City of Huntington Beach A horizing an Amendment to the Contract Between the City Council of the City of H tington Beach and the Board of Administration of the California Public Employees' Ref ment System." Submitted b the Director of Administrative Services Pursuant to Resofut n of Intention No. 2000-20 adopted on February 22, 2000). Recommended Action: After City Clerk reads by title, adopt Ordinance No. 456 by roll call vote. [Adopted 6-9 (Sullivan NO)] '�, M& CITY OF HUNTINGTON BEACH 2000 Main Street P.0.130x 190 Ca11fornIs 92648 Robert F. Beardsley, P.E. Department of Public Works Director (714) 536-5431 TO: Honorable Mayor and City Council Members FROM: Bob Riffenburgh, Chairman -Public Works Commission _ DATE: March 16, 2000 SUBJECT: ACTION TAKEN AT THE PUBLIC WORKS COMMISSION MEETING OF MARCH 1 S, 2000 Cr c- o'r: Following was the action taken by the Public Works Commission at Its Mardi, i S 2000 regular meeting regarding City Gym & Pool Renovation -- Phase Two, Ct- 1043: MOTION: Moved by Commissioner Gartland and Seconded by Commissioner Piechota to approve Alternative Action No. 2. to approve the recommended action to approve funding from undesignated, unappropriated General Fund Reserves in the amount of $328,050 be authorized to increase the overall project contingency to an amount not -to -exceed 25 percent of the project base bid amount; but, direct staff to Implement a strategic reduction in the current scope of work to reduce expenditures accordingly and report findings to the Commission at the conclusion of the project, and do whatever they can to cut costs and the scope of work as much as possible. VOTE: Ayes: 6 Noes: 1 Commissioner Hartge (stated for the record that his vote was only because he favored the recommended action) Absent: 0 Abstain: 0 jm cc: Ray Silver, City Administrator Robert F. Beardsley, Director of Public Works Ron Hag on, Director of Community Services 1 Jim Engle, Deputy Director of Community Services Doug Stack, Principal Civil Engineer J• LkT�a Comm OuODfV RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: FCity Gym & Pool Historical Renovation, CG1043-1 COUNCIL MEETING DATE: March: 204; 2000 :RCA ATTACHMENTS =STATUS :::: Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement Unbud et, over $5,000 Attached Bonds (If applicable) Not Applicable Staff Report If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS :. ....:.::....REVIEWED:' : ;.. RETURNED.':.: ; .:.FOR RDED Administrative Staff Assistant City Cit Administrator Initial j J City Administrator (Initial) r 1^ J City Clerk EXPLANATIONFOR RETURN OF :ITEM: ............... /v RCA Author: DStack:jm �r A� -/Za � � /9 CITY OF HUNTINGTON BEAC �9 �vrW- 0,5D �BLL s-.tee- �, MEETING DATE: November 15,1999. DEPARTMENT MBER: PW 99-104 '6/GGS'- �dA Council/Agency Meeting Held: ///K!� / 91 7Deff red/Continued to: Approve4_ n❑ Conditionally Approved ❑ Denied Council Meeting Date: November15,1999 ii 's Signature Department ID Number: PW 99-104 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION - "= SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS '—�cr``-, cab SUBMITTED BY: RAY SILVER, City Administrator aaJ M-,M PREPARED BY: BERT F. BEARDSLEY, Director of Public Works c DAVID C. BIGGS, Director of Economic Developmen RON HAGAN, Director of Community SUBJECT: Authorize Award of Construction Contract for the Renovation of the City Gym and Pool, Phase Two; CC-1043 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City Council award a construction contract to the lowest responsible/responsive bidder from the list of bidders who submitted sealed bids to the Office of the City Clerk on October 7, 1999, for the Renovation of the City Gym & Pool, Phase Two, CC-1043 project? Funding Source: The renovation will be funded with a Federal Housing and Urban Development (HUD) loan under the Section 108 Program. On January 5, 1998, City Council approved the acceptance of this loan and the 20-year repayment schedule using future Community Development Block Grant entitlements. Recommended Action: Motion to: 1. Approve the lowest responsible/responsive bid submitted by BF Construction, Incorporated, 310-A MacArthur Way, Upland, California 91786 for the Renovation of the City Gym & Pool, Phase Two, CC-1043; and 2. Authorize the Mayor and City Clerk to execute the construction contract in the amount of $2,187,000; and 3. Authorize the Director of Public Works to expend a total of $2,570,000 to cover the contract amount of $2,187,000, estimated construction change orders of $218,700, and supplemental expenditures of $164,300. Alternative Action{s]: 1. Deny award of the contract to BF Construction and select another responsivelresponsible bidder. 2. Reject all seven bids. thereby jeopardizing CDBG funding for this project and direct staff accordingly. Analysis: The City Gymnasium and Pool is located at the intersection of 161h Street and Palm Avenue. On September 16, 1996, the City Council accepted the renovation improvements of Phase One, CC-902. The scope of Phase One included a significant amount of Code compliance work, including making the building accessible for the disabled. These improvements included parking, exterior ramps, men's and women's restrooms and showers, doorways, and hardware. The balance of work focused upon restoring the game room, offices and women's showers; upgrading deteriorated plumbing and electrical; and, a partial roof replacement. This work was performed with sensitivity to the historical significance of the building. Since the completion of Phase One, the design architectural consultant, Y'Deen & Associates, has continued to develop the Phase Two renovation plans and specifications. This second and final phase of renovation will include interior restorations to all remaining rooms, including the gymnasium and pool, and a complete historical restoration of the building exterior. All necessary approvals have been obtained, including the Historic Resources Board, Design Review Board, Community Services Commission and Public Works Commission. During Phase One, termite, dry rot and water intrusion damage were occurring at a rapid rate, much of it within the short time since the feasibility study completion. These conditions factored into the Phase Two restoration and equated to an estimated construction cost of $2.25 million. Plan review fees, inspection fees, construction management, supplemental expenditures and a contingency increase to 15% make the current estimated cost for all work $2.57 million for Phase Two, completing the Restoration and Reconstruction of the City Gym and Pool. This project will involve other items of work under the supplemental portion of the project. This work includes on -site special inspection, project management, asbestos and lead abatement monitoring and termite treatment. These costs are more fully detailed in Attachment 1. On July 19, 1999, the City Council approved plans and specifications and authorized the Director of Public Works to solicit bids for the Renovation of the City Gym & Pool, Phase Two, CC-1043 Project. On October 7, 1999, bids were received and publicly opened by the City Clerk. 10431award low bidlRCA — 10/19199 2:57 PM The engineer's estimate for this project was $2,225,000. A total of seven bids were received, and are summarized below by order of least dol'ar amount: 1. BF Construction $2,187,000 2. Urbantec Engineers $2,242.300 3. EMAE International $2,275,000 4. SMC Construction $2,498,612 5. Adams/Mallory $2,795,765 6. USS Cal Builders $2,897,000 7. T&M Construction $3,475,000 Public Works Commission Review: This project was presented to the Commission at the July 21, 1999, meeting as an informational item only. Environmental Status: This project has been determined to be Categorically Exempt pursuant to the California Environmental Quality Act, (Class 1; Section 15301 (a), (d)). A supplemental NEPA Certification has also been executed and will be included within the final loan processing to HUD. AttachmentLsl: RCAAuthor. Stack/Charlonne:jm 36398 1043/award low bidlRCA -- Ioil M9 2:57 PPJI ATTACHMENT #1 .11 Cr1Y GYMNASIUM 8 POOL - DMSION OF COSTS CA,sH CONTTRA,-T No.1043 Page 1 GE.NERAI- CON5TI<UCTON t CON-nUNGENCY 1. Contract Amount $2,187,000 2. 10% Contingency S218,700 sub-total:........................................................................................... $2,405,700 SUPPLEMENTAL EXPENDITURE 1. Construction Management & Special Inspection $60,000 2. Owner Furnishings $15,000 3. Termite Treatment $30.000 4. Asbestos & Lead Abatement Monitoring $20,000 5. Permitt'ng & Building Plan Check & Inspection $18.00Q sub -total: ............................................................................................. $143,000 Undesignated Supplemental 21 300 total: ............................................................................................. $164,300 GRAND TOTAL...................................................................$2,570,000 Lost Revised: October 12, 1999 Coc. 035378 ATTACHMENT I FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND B. F. CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE CITY GYM AND POOL RENOVATION, PHASE II; (CC 1043) PROJECT THIS AGREEMENT is made and entered into on this 16day of /VDYem d eR 1999, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and., B. F. CONSTRUCTION, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works project, hereinafter referred to as "PROJECT," more fully described as the construction of the City Gym and Pool Renovation Project, Phase II; (CC 1043) in the City of Huntington Beach, California; and The PROJECT to which the construction work covered by this contract pertains is being assisted by the United States of America and Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24, Code of the federal Regulations, Part 135, Economic Opportunities for Low- and Very Low - Income Persons, Section 3 contract clauses, the work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing; and CONTRACTOR has been selected and is to perform said work; NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the �arties covenant and agree as follows: g:agree:gym&poo1rJmp/10/15/991 1. STATEMENT OF WORK• ACCEPTANCE OF RISK. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding. if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The nctice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. CONTRACTOR agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Fart 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the s:.ibcontractor is in violation of the regulations in 24 CFR part 135. CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) alter the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 g:agree:gym8poo[rjmpli01i5M2 2 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts, and With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). CONTRACTOR shall furnish, at its cwn expense, all labor, plant, tools, equipment, supplies, transportation, utilities and a'I other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner g:agree:gM&pW1mp/10115M3 3 shown and described in t1is Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheets). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the fob site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The 1994 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc., 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, w-itten and promulgated by the Southem California Chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; p:agree:gM&pw14mp110/1"94 - 4 D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications. special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION. CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the contract documents, a sum not to exceed Two Million One Hundred Eighty Seven Thousand Dollars ($2,187,000.00) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENT OF PROJECT. CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within two hundred (200) working days from the execution of this Agreement by CITY, excluding delays provided for herein. t g:agree:gym8p00V1mp/10/15/995 5 to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED. No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site. for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS. CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES. The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or g:agree:gym&pooUmp110/1 SM7 7 items. Upon expiration of such ten- (10) day period. CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. MINIMUM WAGES. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona tide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans. funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. g:agree:gym&poolrmpt10/15MB 8 The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(1i) and the Davis -Bacon poster (W H-1321) shall be posted at all times by the CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible place where it con be easily seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the g:agree:gym&pooVmp/10/15/999 9 proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate). HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the CONTRACTOR does not make payments to a trustee or other third person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program. Provided, That the Secretary of Labor has found, upon the written request of the CONTRACTOR, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by the Office of Management and Budge; under OMB Control Number 1215-0140.) g:agree:gM&pooL Jmp/10/15W 10 10 11. PREVAILING WAGE LAW. The CITY has ascertained from the U. S. Department of Housing and Urban Development ("HUD") the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk cf CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement. CONTRACTOR agrees to secure payment of compensation to every employee. 12. WITHHOLDING. HUD or its designee shall upon its oven action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the CONTRACTOR or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any taborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after written notice to the CONTRACTOR, disburse such amounts withheld for and on account g:agree:gym8pooVJmp110115M11 11 of the CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 13. HEALTH AND SAFETY. No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health standards promulgated by the Secretary of Labor by regulation. The CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). The CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The CONTRACTOR shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 14. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE. Section 1773.8 of the Calffomia Labor Code, regarding the payment of travel and subsistence payments, is applicable to this PROJECT. 15. APPRENTICES AND TRAINEES. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona ride apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not g:agree:gM&pcdrjjmp110115M12 12 individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. in the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship[ program, the CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. g:agree:gym&pWJmp11 011 SM 13 13 Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individua'ly registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan: approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the joumeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the jcb site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicably: predetermined rate for the work performed until an acceptable program is approved. g:agree:gym8pooMJmp/10115MI4 14 16. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in prariding benefits under a plan or program described in Section 1(b)2)(B) of the Davis Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. CONTRACTOR's employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) The CONTRACTOR shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The 9:agree:gM&pWjmpII0115M15 15 payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime CONTRACTOR is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(1) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(ii)(b) of this section. g:agree:gym&pWjmp110115WI6 16 The falsification of any of the above certifications may subject the CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. The CONTRACTOR or subcontractor shall make the records required under paragraph A.3(i) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the CONTRACTOR or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 17. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONTRACTOR such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. g:agree:gym&pW!Jmp/10/15M917 17 18. LIQUIDATED DAMAGES/DELAYS. It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of One Thousand Dollars ($1,000.00) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of an by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather. or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. g-agree:gym&pwVJmp110/15M18 18 Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 19. SUBCONTRACTS. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. 20. INDEPENDENT CONTRACTOR. It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shall secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability Insurance compensation, unemployment g:agree:gM&pWrJmp/10/15M19 19 compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 21. DIFFERING SITE CONDITIONS. (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the contract documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an Increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time extension: No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 22. VARIATIONS IN ESTIMATED QUANTITIES. The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the fact and circumstances, g:agree:gym &pWJmp11011 SM20 20 order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 23. PROGRESS PAYMENTS. Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work aid the filing of a notice of completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 1;:agree:Vm&pWJmp110115M21 21 24. WITHHELD CONTRACT FUNDS,_ SUBSTITUTION OF SECURITIES. At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 25. AFFIDAVITS OF SATISFACTION OF CLAIMS. After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 26. WAIVER OF CLAIMS. The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 27. INDEMNIFICATION, DEFENSE, HOLD HARMLESS. CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. g=agree:gym&pW)mp110115M22 22 28. WORKERS' COMPENSATION INSURANCE. Pursuant to Califomia Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 29. INSURANCE. In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not lass than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be g:agree:gM3pcdrJmp110/15M23 23 applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR7s insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 30. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS. Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attomey evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above -detailed coverage is not subject to any deductible or self -insured retention, or any other form of similar type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. g-agree:gM&poWJmp/1 0/1 5W24 24 A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 31. DEFAULT AND TERMINATION. If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 32. DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS_ CONTRACTOR agrees that upon ccmpletion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 33. NON -ASSIGNABILITY. CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. g:agree:gym&pooUmp110115W25 25 34. CITY EMPLOYEES AND OFFICIALS. CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of Ca fomia Govemment Code sections 1090 et seq. 35. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS. CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and material s payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce su:h stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 36. NOTICES. All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party. or to any other place designated in writing by such party. 37. CAPTIONS. Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 38. FEDERAL PARTICIPATION. The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several contract provisions g:agree:gym8pooUmpll0115M26 26 embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 39. DAVIS-BACON ACT. CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 40. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this contract. Such disputes shall be resolved in accordance with the %Aith the procedures of the Department of Labor set forth in 29 CFR Parts 5.6, and 7. Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 41. CERTIFICATION OF ELIGIBILITY. By entering into this contract, the CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in the CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR g:agree:gM&pooVjmp/t0/15W27 27 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. `Federal Housing Administration transactions", provides in part "Whoever, for the purpose of ... influencing in any way the action of such Administration ... makes, utters or publishes any statement, knowing the same to be false —shall be fined not more than $5,000 or imprisoned not more than two years, or both." 42. DISCRIMINATION, MINORITIES. ALIENS. CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 43. EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR will comply with all provisions of Executive Order 11246, as amended, and 29 CFR Part 30. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. g:agree:gym&pooump110/1SM28 28 Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (300/6) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the City with its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 44. COPELAND "ANTI -KICKBACK" ACT. CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 45. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-112 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, g:agree:9M&pooUmp110115M29 29 or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. As used in this section, the terms "laborers` and "mechanics' include watchmen and guards. 46. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized in the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the clean Air Act and section 308 of the Federal Water Pollution control Act and all regulations and guidelines listed thereunder. (c) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. g:agree:gym&pwVjmp/10115M30 30 47. ENERGY CONSERVATION. Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and conservation Act (42 USC Section 6201, et seq.). 48. HOUSING AND URBAN DEVELOPMENT. CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 49. SUBCONTRACTS. The CONTRACTOR or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subccntractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 50. CONTRACT TERMINATION: DEBARMENT. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 51. COMPLAINTS, PROCEEDINGS., OR TESTIMONY BY EMPLOYEES. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is g:a;ree:gM&pojmp/10/1 W9931 31 about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 52. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME REQUIREMENTS. No CONTRACTOR or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate no less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. 53. VIOLATION: LIABILITY FOR UNPAID WAGES; LIQUIDATED DAMAGES. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the Distract of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth In subparagraph (1) of this paragraph. g-agree:gM& pool jmp/10/15W22 32 54. LEGAL SERVICES SUBCONTRACTING PROHIBITED. CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 55. ATTORNEY FEES. In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear Its own attorney fees. REST OF PAGE NOT USED g:agree:gym&pWjmp11011 %933 33 56. ENTIRETY. The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. B. F. CONSTRUCTION, INC., a California corporation, By:�� Walter B. Froton, President (see attached corporate resolution) REVIEWED AND APPROVED: City AdIFinistrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California 1� t�t-t�� Mayor ATTEST: �irsscG City Clerk APPROVED AS TO FORM: 4. City Attorney16", -f Gwk INITIA D ROVED: irector of Public Works g:agree:gym&poo1lmp/10/15/9934 34 FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON 13EACH AND B. F. CONSTRUCTION. INC. FOR THE CONSTRUCTION OF THE CITY GYM AND POOL RENOVATION, PHASE 11; (CC 1043) PROJECT TABLE OF CONTENTS Page No. 1. STATEMENT OF WORK; ACCEPTANCE OF RISK 2 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 4 3. COMPENSATION 5 4. CCMMENCEIMENT OF PROJECT 6 / S. TIME OF THE ESSENCE 6 6. CHANGES 7 7. NOTICE TO PROCEED 7 $. BCNDS 8 9. WARRANTIES 8 10. MINIML'M WAGE 8 11. PREVAILING WAGE LAW 11 12. WITHHOLDING 12 13. HEALTH AND SAFETY 12 14. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE 13 15. APPRENTICES AND TRAINEES 13 16. PAYROLLS & BASIC RECORD 15 17. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATIONS 18 18. LIQUIDATED DAMAGES/DELAYS 18 29. SUBCONTRACTS 20 20. IA'DEPE.7DEVT CONTRACTOR 20 21. DIFFERING SITE CONDITIONS 20 22. VARIATIONS IN ESTIMATED QUANTITIES 21 23. PROGRESS PAYMENTS 21 24. WITHHELD CONTRACT FUNDS 22 25. AFFIDAVITS OF SATISFACTION OF CLAIMS 22 26. WAIVER OF CLAIMS 23 27. INDEv_grFICATION, DEFENSE, HOLD HARMLESS 23 28. WORKERS COMPENSATION INSURANCE 23 29. I NSL'=ZCE 24 30. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 25 31. DEFAULT & TERMINATION 26 32. DISPOSITION OF PLANS, ESTIMATES AND OTHER 26 33. NCN-ASSIGNABILITY 26 34. CITY EMPLOYEES AND OFFICIALS 27 35. STOP NOTICES 27 36. NOTICES 27 37. CAPTIONS 27 38. FEDERAL PARTICIPATION 28 39. DAVIS-BACON ACT 28 40. DISPUTES CONCERNING LABOR STANDARDS 28 41. CERTIFICATION OF ELIGIBILITY 28 42. DISCRIMINATION, MINORITIES, ALIENS 29 43. EQUAL EMPLOYMENT OPPORTUNITY 29 44. COPE=47D ACT 30 45. CONTRACT WORK HOURS 30 46. CLEAN AIR ACT 31 47. ENERGY CONSERVATION 32 48. HOUSING AND URBAN DEVELOPMENT 32 49. SUBCONTRACTS 32 50. CONTRACT TERMINATION; DEBARMENT 33 Si. COMPLAINTS PROCEEDINGS OR TESTIMONY 33 52. CONTRACT WORK HOURS AND SAFETY STANDARDS 33 53. VIOLATION; LIABILITY FOR UNPAID WAGES 33 54. LEGAL SERVICES S;JBCONTRACTING PROHIBITED 34 55. ATTORNEY FEES 34 S6. ENTIRETY 35 SAMPLE I011719 I)xhx. -�AGaRD. CERTIFICATE OF LIABILITY INSURANCE October rz'�, 9 PRODUCER n, L7� Summit Surety Insurance Services 7447 North Figueroa Street 46."r 6 pp , fd Los Angeles, CA 90041 /� /J _ (323)256-0126 /TI�j�/J�GEVPk / 0 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: Legion Insurance Comr'Ty INS R_ER B: INSURED I/ / BF Construction, Incorporated %I/ 9 j 310-A McArthur Way Upland, CA 91786 (909) 981-8665 IN.-,URER C: Ulico Casualty Company/ 1N`iURER D: iNf;URFR E- COVERAGES HE POL CIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I POLICY NUMBER POLICY EFFECTIVE POLICY E%PIRATION u, TYPE OF INSURANCE ATE - Ojta + I LIMITS NERAL LIABILITY j EACH OCCURRENCE Is 1,000 O00 C_:NMMERCIAL GENERAL LIABILITY Is 50,000 FIRE DAMAGE (Any one firm ] CLAIMS MADE K OCCUR A I Contractual CP2-0558787 9/1/2000 I i 5,000 MED EXP (Any one perwn) PERSONAL 11 ADV INJURY $ 1,000,000 GENERAL AGGREGATE S 2,000,000 _ `xCU„ 1911/9) GEN L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPA)P AGG S 2,000,000 PC[G ILICY I I PF O• I I LOC I AUTOMOBILE LIABILITY A+IYAUTO COMBINED SINGLE LIMIT (Eaaccr0ern) $1,W0,000 BODILY INJURY (Pa< Penon) I S A A_L OWNE D ALITOS Sr REDUCE] AUTOS KREDAUTOS WIN-OWNEDAUTOS GP2-0558787 911/99 9/1/2000 BODILY INJURY (P erscaoem) S PROPERTY DAMAGE (Per aCCK%M) f S APPROVED AS 0 FlitM: GARAGELIABILITY A!,YAUTO GAIT, HU 1 TON- CITY AT 7 ._ 'Y AUTO ONLY• EA ACCIDENT 13 OTHER THAN EA ACC S AUTO ONLY: AGG I S EXCES'�IABILITY OCCUR CLAIMS MADE :P, I Ci , S Attorney EACH OCCURRENCE S AGGREGATE Is Is 13 DEDUCTIBLE Is RFTENTION S �' WORKERSCOT,•PENSATIONAND EMPLOVERS'LIABILITY ADUL• INSUIOLU Lir.+' WCS-110559-00 ��.+�-• —;•� '" I111'91) ` 1/1/2000 ° �� TATU• OT.i- Q'�YLCCIDE 1 ER EL. EACH I S1,000,000 E L DISEASE • EA EMPLOYEE SI,000,000 E L. DISEASE - POLICY LIMIT I S1,000,000 OTHER OESCRIPTIOII OF OPERATIONSfLOCATIONSNEMICLESIEXCLUSIOMS ADDED BY ENDORSEMENT/SPEC-AL PROVISIONS Re: Cowaruction of the City Gym and Pool Renovation, Phase II (CC 1043) Certificate Holder is named as an Additional Insured per endorsement CG2010 (11-85) attached CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION City SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION P.O. B Huntington Beach BO:C 190 DATE THEREOF, THE ISSUING INSURER w'LL eNeea+reIrre MAIL 30_ DAYS WRITTEN Huntington Beach, CA 92648 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, "AFqF##-A;RYEs- AUTHORD:ED REPAE! ACORD 25-S (7197) 1 "/ 1 0 ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (7/97) C*71,;�y 6/� -6F Gdo, fa /� yo re - Named Insured:BF Construction, Incorporated �� Policy Number:CP2-0558787 Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSESS OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COti]ti1ERICAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Nacre of Person or Organization: The City of Huntington Beach and its officers, agents and employees P.O. Box 190 1-luntington Beach, CA 92648 Re: Construction of the City Gym and Pool Renovation, Phase 11(CC1043) (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO 1S AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG20101185 (11119101 9/5�� ' AL'MV. CERTIFICATE OF LIABILITY INSURANCE WO-Mt�r� PRODUCER Summit Sure Insurance Services ry 7447 North Figueroa Street Los Angeles, CA 90041 (323) 256-0126 Ale /J� % fro . I//- u� f � A ! / O '6 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 014LY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSUiED BF Construction, Incorporated 310-A ?,1cArthur Way Upland, CA 91786 (909) 981-8665 1� l Q /� < INS•JREA A Le ion Insurance Company INSURER B INSURER C: U1iC0 Casualty Company INSURER Dr INSURER E COVERAGES T)�E POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOLIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBERPOLICY EFFE'CTI�E I POLIO EXPIRATION . LIAUITS GENERAL LIABILITY EACH OCCURRENCE I S 1,000,000 _ I COMMERCIAL GENERALLIABILITY ; I FIRE DAMAGE (Any onw Mal 1950,000 1 I I CLAIMS MADE X OCCUR: I MED EXP (Any pry p+noni : 1 5,000 A dual 1 PER30NALa ■DY INJURY s 1,000,000CP2-0558787 19 9/ 99 /1R004 hCU l 1Ii GENERAL AGGREGATE Is 2,000,000I , GENL AGGREGATE UMiT APPLIES PER: PRODUCTS-COMPIDP AGG I s 2,000,000 r__j pr I Apt)CY! LOC F1 4 AUTOMOBILE LIABILITY I CONB'NED SINGLE LIMIT !Ea scauent} S 1,000,000 ANY AUTO I 1 I ALL OWNED AUTOS BOD'LY INJURY E s I [i tPa mmon) I SCI- °RULED AUTOS A CP2-0358787 19/1/2000 �9/1199 �� HIRED AUTOS - I i BOD LY INJURY S I NONOWNEDAUTOS L�i� ; {Per +cadent! F'�AS,4 pR0?ERTY DAMAGE s (Per+codern) I GARAGE :IIIBILITY CiI,fY !S i "' I E AUTO ONLY - EA ACCIDENT i S 7�ANY AUTO I OTHER THAN EA ACC S nBi - ++ or AUTO ONLY: AGG 13 EXCESS LIABILITY ► I i EACH OCCURRENCE S OCCUR CLAIMS MADE i AGGREGATE S �: , I DECUCTIELE �� .II, =�' " S �``r'� i RET; NTION S y-7 1 • S WORKERS COMPENSATION AND i xE*.'L; rACCIDENT E p'- LIABILITY i /1/99 I1/1/2000V-15-EACH S1,004 000 CEMPLOYERS' E-L DISEASE - EA EMPLOYEE S 1,000.000 I E L DISEASE - POLICY LIMIT : S 1.000,000 OTHER ` D£SCIIIPTION ON OPERATIONSILOCAnONSNEMICLES/EXCLU510NS ADDEO BY ENDORSEMENTISPECIAL PROVISIONS Re: Construction of the City Gym and Pool Renovation, Phase II (CC1043) Certificate Holder is named as an Additional Insured per endorsement CG2010 (11-85) attached CERTIFICATE HOLDER I ADDmONAL INSUPED: INSURER LETTER: CANCELLATION SMOLLO ANY OF ThE ASOYE OESCRMEO POLICIES BE CANCELLEO BEFORE THE EXMATION City of Huntington Beach P.O. Box 190 DATE THEREOF, THE ISSUING INSURER wILLtNCtAirOR-f9 MAIL P.O. DAYS WRITTEN Httntingtcn Beach, CA 92648 NO -ICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. S L RL�RESE++FAs�►EB. AUTHORIZED REPRES ACORD 25-S (7/97) di' '/ O ACORD CORPORATION 1988 J IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. (7/971 lye)' Named Insured:BF Construction, Incorporated 6f Zx- o L xl ry ✓td 7-6- ii/.5/97 Policy Numb er:CP2-0558787 Commercial General Liability THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSESS OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERICAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Nam. of Person or Organization: The City of Huntington Beach and its officers, agents and employees P.O. Box 190 Huntir.gton Beach, CA 92648 Re: Ccnstruction of the City Gym and Pool Renovation, Phase II (CC1043) (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 1185 have received Faithful Performance Bond No. 1020001590 — Amwest Surety Insurance Company for BF Construction, Incorporated. Executed in two originals (both sent to Treasurer's Office) RE: CC-1043 — Construction of the City Gym and Pool Renovation, Pase II. Approved by Council on November 15, 1999, item E-3. Dated: !!-27• a i ,f „ = Am west % EXECUTED IN TWO COUNTERPARTS 1 PERFORMANCE BOND PAGE ONE OF TWO PAGES BOND NO: 102001590 PREMIUM: $19,028.00 Pnmarn bawd on final connd pncr. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): BF Construction, Incorporated 310-A McArthur Way Upland, CA 91786 OWNER (Name and Address): City of Huntington Beach P.O. Box 190 Huntington Beach, CA 92648 SURETY (Name and Principal Place of Business): AI♦IWEST SURETY INSURANCE COIIPANY 330 North Brand Boulevard, Suite 550 Glendale, CA 91203 CONSTRUCTION CONTRACT Date: Contract Number. Two Million One Hundred Eighty -Seven Thousand Amount: and no/100-------- Premium based on final contract amount .i.... D A ,...,., C ,y. 1 Dollars (52.187.000.00 }. Description (Name and Location): Construction of the City Gym and Pool Renovation, Phase IF (CC1043) Project in the City of Huntington Beach, California BOND Two Million One Hundred Eighty -Seven Thousand Amount: and no/100------------ Dollars($2,187,000.00 }, Signed, sealed and dated this day of October 27. 1999 BF Construc Incorporated on, e.t 1N S U/4'44 Pnnppal Nam. j�p0 By:A�, Jvi — DEQ14. 1m soll.n.. }-r 1995 ANIWEST SURETY INSURANCE COMPANY RAAMark E. Shreckeng b} �r; a ail• '• •IIII.MI.IYIMIMI� a[Z By. e "I - UA Slpnana� BF.A3= (2M) (SEE NEXT PAGE FOR TERMS AND CONDITIONS) BOND NO: 102001590 PAGE TWO OF TWO PAGES 1. The Contractor and the Surety, jointty and severally, bind themselves, their heirs. executors, administrators, successors and assigns to the Owner for the per'ormance of the Construction Contract, which Is incorporated herein by reference. 2. It the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obtigabcn under this Bond, except to participate In conferences as provided In Subparagraph 3.1. 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address rescribed In Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Cortra :tor sha1 be allowed a reasonable time to perform the Construction Contract but such an agreement shall not waive the Owner's right, H any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractors right to complete the contract. Such Contractor Defau" shad not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety In accordance w;th the terms of the Construction Contract or to a contfactor selected to perform the Construction Contract In accordance with the terms of the contract with the Owner. 4. Ater the Owner has declared Contracto• in default and has satisfied the conditions of Paragraph 3, and the Surety has conducted its own prompt and reas,snable investsga'ion as to whether or not the Contractors default has actua ty occurred, the Surety may at its own option elect one or more of the fallowing actions; 4.1 Arrange for the Contractor, with consent of the Owner, to perform and cemplele the Construction Contract; or 4.2 Urdertake to perform and complete the Construction Contract itself, through its agents or through Independent contractors; or 4.3 Obtain bids or negotiated proposa's from "blued tontractors acceptable to the Owner for a contract for performance and completion the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the Contractor selected %e.4 the Owner's concurrence. to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds Issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 In excess of the Balance of the Contract Price incurred by the Owner resulLng from the Contractors default; or 4.4 Waive Its ri;ht to perform and complete, arrange for completion, or oktain a new contractor and with reasonable promptness under the circumstances: .1 After Investigation, determine the amount for which It may be Gable to the Owner and as soon as practicable after the amount determined. tender payment therefore to the Owner, or .2 Deny liability in whole or In part and notify the Owner citing reasons therefore. S. if the Surety proceeds as provided in Subparagraph 4.4. and the Owner refuses the payment tendered or the Surety has denied liability, whole or in part, without further notice the Owner shall be entHed to enforce any remedy available to Me Owner. 6. Afler the Owner has terminated the Contractors right to complete the Construction Contract, and If the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 shove, then the responsibilities of the Surety to the Owner shall not be greater than these of the Contractor under the Construction Contract, and the respcnsibJ;ties of the Owner to the Surety shall not be greater than those of the Cwner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Ovmer of the Balance of the Contract tried to mitigation of costs and damages on the Construction Contract, the Surely is obligated without duplication for, 8.1 The: responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; and 3.2 Liquidated damages, or If no liquidated damages are specified in the Corstructon Contract, actual damages caused by de'ayed performance or non-performance of the Contractor. 7. Tt•, Surety sha'1 not be ?fable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligation. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. a. Th s Surety hereby waives notice of arry clange, including changes of time, to tt.e Construction Contract or to related subcontracts, purchase order$ and other obligations. 9. Ar..•I proceeding, Legal or equitable, under this Bond may be Instituted In any court of competent jurisdiction In tt.e location in which the work or part of the work Is located and shall be instituted no later than six months after Contractor Default or no later than six months after the Contractor working or no later than sot months after the Surety refused or fails 1. perform Is obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohitited by law, the minimum period of Imitation avanable to sureties as a defense In the jurisdiction of the suit sha'l be applicable. 10. Notice to the Surey, the Owner or the Contractor shalt be mailed or delivered to the address shown on the signature page. 11. V',hen this Bond has been furnished to comply with a statutory or other legal requfrement In the location where the construction was to be performed, any provis on in this Bond conflicting with said statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or oth.tr legal requirement sha!I be deemed incorporated herein. 11 DUINITIONS 111 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after al proper ad;ustments f.ave been made, including allowance to the Contractor of any amounts received or to be received by the Owner In settlement of Insurance or other claims for damages to which the Contractor is entitled, or reduced by all valid and proper payments made or en behalf of the Contractor under the Constriction Contract. 12.2 Construction Contract: The agreement between the Owner and the Cortractor Identified on the signature page. Including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nx waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terns hereof. BF40001 (Z'98) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On October 27, 1999, before me, Candy M. Coons, Notary Public, personally appeared Mark E. Shreckengast . . ; CANDY M. Cooras 0 ri ~�-%'�•, COW-1. #1195631 2 ,.� ...r `t;. V 113TARY PMUC • CALIFOrRMI S LOS it,('iyLES COU14TY • , • 2 ✓t-y COMM. DOD Sc;,. S. 20C2 Place Notary Seat Above Personally knomm to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Wi my hand and official sca ,,,.,, Signature of otary Public Optional Though the information below is nc t required by law, it may prove valuabl: to persons relying on the document and could prevent fraudulent removal and reattachment of this fc rm to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capaeity(ies) Claimed by Signer Signer's Name: _ Individual Corporate Officer - Title(s): Partner -_ Limited _General X Attorney in Fact Trustee _Guardian or Conservator Other. Signer is Representing: PAGE ONE OF TWO PAGES ,A A I l V V es BOND NO: 102001590 EXECUTED IN TWO COUNTERPARTS PAYMENT Included in PAYMENT BOND Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): BF Construction, Incorporated 310-A McArthur Way Upland, CA 91786 OVINER (Name and Address): City of Huntington Beach P.O. Box 190 Huntington Beach. CA 92548 SURETY (Name and Principal Place of Business): ANIRVEST SURETY ViSURANCE CONrPANY 330 North Brand Boulevard, Suite 550 Glendale CA 91203 CONSTRUCTION CONTRACT Date: Contract Number Final Premium based on final contract amount APPFJ'lED AS iD FOB;v: GAIL F,:3;;O:i C. r•'t Two Million One Hundred Eighty -Seven Thousand Amount: and no/100-------------- Dollars(S2,187,000.00 ) Description (Name and Location): Construction of the City Gym and Pool Renovation, Phase II (CC1043) Project in the City of Huntington Beach, California i 80ND Two Million One Eundred Eighty -Seven Thousand Amount: and no/100 -------------------- Dollars( $ 2 ,187 , 000.00 Signed, seated and dated this day of October 27, 1999 BF Construction, Incorporated PAF4" Nam. ey: s.9..tw. By: A'►11VEST WRETY RANCE CO'WPANY s��.... Mark E. Shrec n ast BF-A3002 (ZS8) (SEE NEXT PAGE FOR TERMS AND CONDITIONS) BOND NO: 142001590 PAGE TWO OF TWO PAGES 1. Tne Contractor and the Surety, Jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which Is Incorporated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contra tor. 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants. and 2.2 Defends, indemnifies and holds harmless the Owner from all claims, demands. Dens or suits by any person or entity whose materials or equipment were furnished for use In the performance of the Cons'.rucUon Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 11) of any claims, demands. Dens or suits and tendered defense, claims, demands, liens or suits to the Contactor and the Suretyand provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void If the Contractor promptly makes payment, directly or indirectly, for al! sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are emp!cyed by or have a direct contract with the Contractor have given notice to the Surety at P.O. Box 4500, Woodland Hills, California 91385-4S00 and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor. .1 Have furnished written notice to the Contractor and sent a copy, cc notice thereof, to the Owrer, within 90 days after having last performed labor or last furnished materials or equ pment included In the claims stating, with substantial accuracy, the amount claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or In part from the Contactor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety at P.Q. Box 4500, WWland Hilts, California 91365-45M and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. S. if a notice required by Paragraph 4 Is given by the Owner to the Contractor or to the Surety, that is sufficient cornpllance. S. The Suret/s total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made In good faith by the S arety. 7. Arrounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisy clams, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor In the performance of the Construction Contract are dedicated to satisfy obligations the Contractor and the Surety under this Bond, subje_t to the Owner's priority to use the funds for the completion of the work. 8. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract The Owner shall rot be Gable to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 9. The Surety hereby waives notice of any change, Including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 10. Nc suit or action sha!I be commenced by a Claimant under this Bond other than In a court of competent jurisdiction In the location In which the work or part of the work Is located or after the expiration o' six months from the date (1) on which the claimant gave the notice required by Paragraph 4.1 or Clause 4.23 or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the profisions of this Paragraph are void cr prohibited by law, the minimum period of limitation available to sureties as a defense In the jurisdiction of the suit shall be applicable. 11. Nctice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address specified or shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shalt be sufficient compliance as of the date received at the address shown on the signature page. 12 When this Bond has been furnished to comply with a statutory or other legal requirement In the location where the construction was to be performed, any provis.'nn In this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefro n and provisions conforming to such statutoryor other It -gal requirement shall be deemed Incorporated herein. 13. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shalt promptly furnish a copy this Bond or shalt penrit a copy to be made. 14. DEFINITIONS 14.1 Claimant: An Individual or entity having a direct contract with the Contractor of with a subcontractor of the Contractor to fumish labor, materials or equipment for use In the performance o' the Contract The Intent of this Bond shalt be to Include wit,'tot.1 limitation in the terms 'labor, materials or equipment" that part of water, gas, powe-, light, heat, oil. gasoline, telephone service or rental equipment used In the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractors subcortractors, and all other Items for which a machantes ten may be asserted to the jLrtsdiction where the tabor, materials or equipment were furnished. 14.2 Construction Contract: The agreen•ent between the Owner and the Cortractor Identified on the signature page, including all Contract Documents and changes thereto. 14.3 Owner Default: Failure of the Owner, which has neither been remedied r»r waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. BF-A3002 (2198) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On October 27, 1999 before me, Candy M. Coons, Notary Public, personally appeared Mark E. Shreckengast CANDY lei. COONS A '_ F C01W.a. #1105631 S UNARY PUBLIC - CAJO?!::A S 2 LOS All ^ELES COUN 2 MY Comm. Eic; «es sul. 5.1002 • Place Notary Sea! Above Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Optional my hand and offic WkL-I / I • W Signatute�f Notary Public Though the information below is not required by law, it may prove valuabl: to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages S igner(s) Other Than Named Above: Capacity(ies) Claimed by Signer ! Signer's Name: Individual — Corporate Officer - Title(s): _ Partner-_Limited_General X Attorney in Fact _ Trustee Guardian or Conservator Other: Signer is Representing:____ . ,AA AM West BOND NO: 102001590 PREMIUM: -NIL- e.uc � t,ruye ow+w �y MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we. BF Construction, Incorporated (hereinafter called Principal, as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Nebraska and authorized to transact a general surety business in the State of California ..�. . (hereinafter called Surety), as Surety, are held and firmly bound unto City of Huntington Beach Two Million One Hundred Eighty -Seven Thousand (hereinafter called Obligee). In the sum of and no/100---- DOLLARS($ 2 ,187 , 000.00 ), lawful money of the United States of America, to be paid to the said Obligee, or its successors or assigns, to the payment of which sum well and truly to be made, we do bind ourselves, our heirs, executors, administrators, successors and assigns, Jointly and severally, firmly by these presents. WHEREAS, the Principal enter:d Into a contract with the said Obligee, dated for Construction of the City Gym and Pool Renovation, Phas Project in th2 City of Huntington- each, CtlifortLia_ _.. and. WHEREAS, the Obligee requires that these presents be executed on or before the final completion and acceptance of said contract and WHEREAS, said contract was completed and accepted on NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal $hall remedy without cost to the Obligee,any defects which may dovelop during a period of Twe 1v-e ( 12) months from the date of completion and acceptance of the work performod under the contract, caused by detective or Inferior materials or workmanship, then this obligation shall be void; otherwise It Snail be and remain in full force and effect. �PpF4„rrr 15 '1v k0ua1L. SIGNED, SEALED AND DATED THIS DAY OF October' 27, 1999 Gp ;1, ►''-i'0'-l.wv • do;ed DBF Construction, Incor By' v 0`1 Sjr~e Mark E. hrecken s , Attorney -in -Fact •F,ti1014 ts►661 CALIFORNIA ALL-PURPOSE ACKNOIN'LEDGINIEN"r State of California County of Los Angeles On October 27, 1999 , before me, Candy M. Coons, Notary Public, personally appeared Viark E. Shreckengast G CANDY M. COONS G n �Y,='� COMM.>~1195G3i S NGTAF%Y PU3L2 . CALTF03 ::a S 2 LOS;J;,'j tESCDON1Y 2 ^,.v My Comm Exr res 52 5. 2iJ2 • Place Notary Seal Above Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Optional my hand and official sep,l I Public Though the inrormation below is not required by law, it may prove valuabis to persons relying on the document and could prevent fraudulent re-noval and reanachment of this fc rm to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer % Signer's Name: Individual Corporate Officer - Title(s): _ Partner -_Limited_ General JC Attorney in Fact _ Trustee Guardian or Conservator Other: Signer is Representing: _ LIMITED PONVER OF ATTORNEY Amwest Surety Insurance Company Ex iralion Date: 06/07/01 rvvvc.tc rv.ttst_tc 0001021447 This dxument is printed on white paper containing the artificial watermarked logo (� ) of Amwest Surety insurance Company on the front and brown security paper on the back. Only unaltered originals of the limited Power of Attorney ("POA") are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the laws of the State of Nebraska and is only valid until the expirat on date. Amwest Surety Insurance Company (the "Company") shall not to liable on any limited POA which is fraudulently produced. forged or otherwise distrib-ted without the permission of the Company. Any parry concerned about the validity or this POA or an accompanying Company bond should call your local Amwest branch office at ) 246-;- ;1 KNOW ALL BY THESE PRESENT, ttw. Amwest Surety Insurance Company, a Nebraska corporation, does hereby make, constitute and appoint: Mark E.Shreckengast Candy Ni. Coons As Employees orSummit Surety Insurance Services its true and lawful Anomey-in-fact, with limited power and authority for and on behalf or the Company as surety to execute, deliver and affix the seal of the company thereto if a seal is required on bonds, undertakings, mcogr izances, reinsurance agreement for a Miller Actor other performance bond or other written obligations in the nature thereof as follows: Bid [fonds up to $1,000.000.00 Contract, Court & Subdivision Bonds up to $5,000,000.00 License and Permit Bonds up to $1,000,000.00 Miscellaneous Bonds 1;p To $1,000,000.00 Small Business Admistration Bonds up to $1.250,000.00 and to bind the company thereby. This appointment is made under and by authority of the By -Laws of the Company, which are now in full force aid effect. 1, the undersigned secretary of Amwest Surety Insurance Company, it Nebraska corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of Amwest Surety Insurance Company set forth on this Power of Anorriey, and that the relevant provisions of the By -Laws oreact. company, are now in full force and crw. Bond No, 102001590 Signed & sealed this 27 thday of Oc tober 1999 Karen G. Cohen. Secretary r••••••**••••r•r• RESOLLTIONSOFTHEBOARD OFDIRECTORS •r••r• r••••••••r•••r•• ••r•• This POA is signed and sealed by facsimile under and by the authority or the following resolutions adopted by the Hoard of Directors of Amwest Surety Insurance Company at a mec:ing duly held on December 15, 1975: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seat of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any POA previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary. or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (ir a seal be required) by one or mare attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the power of aticmey issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorirng the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. l N WIT14ESS WHEREOF, Amwest Surety Insurance Company has caused these present to be signed by its proper officers, and its corporate seals to be hereunto affixed this 25" day of September,1998. dr John E. Savage, Preside a Karen G. Cohen, Secretary State of California County of Los Angeles On September 25, 1998 before me. Peggy B Lofton Notary Public. personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nanx(s) islare subscribed to the within instrument and acknowledged to me all that he'she`they executed the same in hWherrtheir authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my PA and official seal. � �,�y^ �Y & ti�FTON rQ/oldie C� Sngnatute II V\ggy (Seal) Naf� P�rgeles C�oifb�srtl0 zn , fit► a W Comm. Eq*" PAQ 4.19W W DEC,14, G � ; 1995 !r, I �F Ir SV @RNe 5230 Las Virgenes Road Calabasas, CA 91302 TEL 818 871-2000 PAGE ONE OF TWO PAGES A M W e S t UECUTED IN TWO COUNTERPARTS PERFORMANCE BOND BOND NO: 102001590 PREMIUM: $19 , 028.00 PWnnn, based on final e""Ct pnee. . Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): BF Construction, Incorporated 310-A McArthur Way Upland, CA 91786 OWNER (Name and Address): City of Huntington Beach P.C. Box 190 Huntington Beach, CA 92648 SURETY (Name and Principal Place of Business): AN"VEST SURETY INSURANCE CONVANY 330 North Brand Boulevard, Suite 550 Glendale, CA 91203 CONSTRUCTION CONTRACT Date: Contract Number. Premium based on final contract amount 1.PP30VED A; TO F0'F'% 5 z G! I.. I=r",l��i Ciro BY: Two Million One Hundred Eighty -Seven Thousand Amount: and no/100-------- Dollars02,187,000.00 }. Description (Name and Location): Construction of the City Gym and Pool Renovation, Phase II (CC1043) Project in the City of Huntington Beach, California r BOND .Two Million One Hundred Eighty -Seven Thousand Amount: and nof100------------- poiiar5 $2,IB7,000.00 Signed, seated and dated this day cf October 27. 1999 BF Construction, Incorporated NS IJ o,qq- Zn Prdw w Hune By- J d= c irN ts35 Oj AI♦IWEST SURETY INSURANCE CONITANY 2 �W �.,• �a Mark E. Shrecke st By: $i�natUfe BF•A3001 (2'98) (SSE NEXT PAGE FOR TERNS AND CONDITIONS) 'BOND NO: 102001590 PAGE TWO OF TWO PAGES 1. The Contractor and the Surety, Jointly aid severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is Incorporated herein by reference. 2. If the Contractor performs the Constnctton Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided In Subparagraph 3.1. 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after. 3.1 The Owner has notified the Contactor and the Surety at its address described In Paragraph 10 be!cw that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held net later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract If the Owner, the Contractor and the Surely agree, the Contractor shal be allowed a reasonable time to perform the Construction. Contract but such an agreemen' shall not waive the Owner's right, If any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractors right to complete the contract. Such Contractor Default sha7 not be declared earlier than twenty days after the Contractor and the Suret/ have received notice as provided In Subparagraph 3.1; and 3.3 The Owner has agreed to pay tha Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance w;th the terms of the contract with the Owner. 4. After the Owner has declared Contractor In defauft and has satisfied the conditions of Paragraph 3, and the Surety has conducted its own prompt and reasonable Investigation as to whether or not the Contractor's default has actually occurred, the Surely may at its own option elect one or more of the followirg act°ins; 4.1 Arrange for the Contractor, with ccnsent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and cempletion the Constructicri Contract, arrange for a contract to be prepared for executior by the Owner and the Contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds Issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 In excess of the Balance of the Contact Price Incurred by the Cwner resuting from the Contractor's default; of 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After Investigation, determine the amount for which it may to liable to the Owner and as soon as practicable after the amount determined. tender payment therefore to the Owner, or .2 Deny liability in whole or in part and notify the Owner citing reasons therefore, S. 11 the Surety proceeds as provided In Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner, 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than these of the Contractor under the Construction Contract. and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract tried to mitigation of costs and damages on the Construction Contract, the Surety Is obligated wahout duplication for. 6.1 The responsibilities of the ContraCor for correction of defective work and completion of the Construction Contract. and 6.2 Uquidafed damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated 10 the Construction Contract, and the Ba'ance of the Contract Price shall not be reduced or set cff on account of any such unrelated obligations. No right of action sha'l accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. S. The Surety hereby waives notice of any change, Including changes of time, to the Construction Contract or to related subcontracts. purchase orders and other obliga!ions. 11 9. Any proceeding, legal or equitable, unde- this Bond may be Instituted In any court of competent jurisdiction In the location In which the work or part of the wort; Is located and shall be Instituted no later than six months alter Contractor Default or no later than six months after the Contractor working or no later than six months after the Surety refused or faits to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prollbeed by law, the minimum period of Imitation available to sureties as a defense In the jurisdiction of the suit shall be applicable. 10. -Notice to the Surety, the Owner or the Contractor shall be mailed or delivered 10 the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement In the location where the construction was to be performed, any proAsion In this Bond conflicting with said statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or cther legal requirement shall be deemed Incorporated herein. 12. DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made. Including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor Is entitled, or reduced by all valid and proper payments made or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agrexment between the Owner and the Contractor Identified on the signature page. Including aI Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither bees remedied nor waived, to perform or otherwise to comply with the terms of the Constructicn Contract. 124 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms hereof. BF.A3001 (2198) CALIFORNIA ALL-PURPOSE ACKNONVLEDGMENT State of California County of Los Angeles On October 27, 1999 , before me, Candy M. Coons, Notary Public, personally appeared Mark E. Shreckengast • CANDY AL COOMS • R ; ., CCMMI. ,r'1195631 R S �� ?A IiMiTARY P�BtIC . CAtI'UMA S 2 'i LOS MIMES COWITY 2 * MY Comm Ex0fes Sept.5. 2002 • Place Notary Seal Abo%e Personally known to me to be the person whose name is subscribed to 6e within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Optional my hand and official Public Though the information below is rot required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this roan to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer f Signer's Name: _ Individual Corporate Officer - Title(s): Partner -_Lim ited_General X Attorney in Fact _ Trustee _ Guardian or Conservator Other: Signer is Representing: PAGE ONE OF TWO PAGES A I 1m wesf BOND NO: 102001590 EXECUTED IN TWO COUNTERPARTS PREMIUM: Included in PAYMENT BOND Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): B: Construction, Incorporated 310-A McArthur Way Upland, CA 91786 Final Promfum based on final OWNER (Name and Address): contract amount. City of Huntington Beach P.O. Box 190 Huntington Beach, CA 92548 APPr OCFD AS TO SURETY (Name and Principal Place of Business): AININVEST SURETY INSURANCE COMPANY CITY "f 310 North Brand Boulevard, Suite 550 Glendale CA 91203 00 CONSTRUCTION CONTRACT Dale: Contract Number: Two Million One Hundred Eighty -Seven Thousand Amount: and no/100-------------- Dollars($2,187,000.00 J. Description (Name and Location): Construction of the City Gym and Pool Renovation, Phase II (CC1043) Project in the City of Huntington Beach, California r BCNO Two Million One Hundred Eighty -Seven Thousand Arr.ount: and no/100-------------------- Dollars ( $2,187,000.00 Signed, sealed and dated this day of October 27, 1999 BF Construction, Incorporated IN S j/- ,.I 1 , p o,l H..,. td Z GFkP DAB '�j,� By: J • 2 i Cn S•0namn CO �� DEC14, 01 r�, lss5 )@ ANIWEST SURETY A CE CO',%IPA.tiY '"orb' �r •f■^■��_��,,� 13y: Mark E. Shrecken ast AComlr+r,±sR BF-AX02 (7198) (SEE NEXT PAGE FOR TERMS AND CONDITIONS) BOND NO: 102001590 PAGE TWO OF TWO PAGES 1. The Contractor and the Surety, Jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigrs to the Owner to pay for la: or, materials and equipment furnished for use in the performance of the Construction Contract, which Is incorporated herein by reference. 2. W'.th respect to the Owner, this obligation shall be null and void if the Contractc r. 2.1 Promptly makes payment, directly w indirectly. for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from all claims, demands, (lens or suits by any person or entity whose materials or equipment ►vere furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described In Paragraph 11) of any claims, demands, Hens or suits and tendered defense, claims, demands, Hens or suits to the Contractor and the Surety and provided there is no Owner Default. 3. W th respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are arnployed by or have a direct contract with the Ccntractor have givers na;ice to the Surey at P.Q. Box 4S00, Woodland Hills, Caifomia 91355.4500 and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor. .1 Have furnished written notice to the Contractor and sent a copy, Cr notice thereof, to the Owner, within 90 days after having fast performed labor or last furnished materials or equipment included in the claims stating, with substantial accuracy, the amount claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed: and .2 have either received a rejection In whole or In part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has Indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written rotice to the Surety at P.O. Box 4530. Woodland Hills, Califomia 9136545CO and sent a copy, or notice thereo`, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor S. If a notice required by Paragraph 4 Is givei by the Owner to the Contractor or to the Surety, that is sufficient compliance 6. The Surey. s !afar obligation shaft not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 7. Arlounts owed by the Owner to the Contractor under the Construction Co %trait shall be used for the performance of the Construction Contract and is satisfy clams, if any, under any Construction Performance Bond. By the Contractar furnishing and the Owner accepting this Bond, they agree that all funds tamed by the Contractor in the performance of the Construction Contract are dedicated to satisfiy Obligations the Contractor and the Surely under this Bond. subject to the Owners priority to use the funds for the completion of the work. S. The Surety shall nct be liable to the Owner. Claimants or others for obligations of the Contractor that are unrelated to the Construction ContmcL The Owner shall not be liable to make payments to, give notices on behalf of, or otherwise have obliga`.ions to Claimants under this Bond. 9. The Surety hereby waives notice of any change, including changes of time. to the Construction Contract or to related subcontracts, purchase orders and tithe, otfigalions. 10. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent Jurisdiction in the location In which the work or par, of the work is located or after the expiration of six months from the date (1) on which the claimant gave the notice required by Paragraph 4.1 or Clause 4.2.3 cr (2) ci which the last labor or service was performed by anyone or the last materals or equipment were furnished by anyone under the Construction Contract. whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avaHable to sureties as a defense In Oe Jurisdiction of the suit shall bn applicable. 11. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address specified or shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 12. When this Bcnd has been furnished to comply with a statutory or other lega' requirement In the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrorn and provisions conforming to such statutory or otter legal requirement shall be deemed incorporated herein. 13. Upon request by any person or entity 93pearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy this Bond or shad permit a copy to be made. 14. DEFINITIONS 14.1 Claimant: An Individual or entity having a direct contract with the Ccn'xactor or with a subcontractor or the Contractor to furnish labor, materials or equipment for use In the performance of the Contract. The intent of this Bond shall be to include without li-mitation in the terms "labor. materials or equipment that part of water, gas, paver, light, heat, oil, gasoline, telephore service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's Hen may lie asserted In thn jurisdiction where the tabor, materials or equipment were furnished. 14.2 Construction Contract: The agreement between the Owner and the Contractor Identified an the signature page, Including all Contract Documents and changes thereto. 14.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract Or to perform and complete or comply with the other terms thereof. BF-A3OC2 (Z-98) CALIFORNIA ALL-PURPOSE ACICNONNlEDGINIENT State of California County of Los Angeles On October 27, 1999 , before me, Candy M. Coons, Notary Public, personally appeared Mark E. Shreckengast ,►ram ft CANDY M. COONS • G col-xm. #1195531 R 2 37ARY P'v3�IC • CX1FC?'::4 S pLCS 2 4='� MELES COUNTY • Vy Corm Expires Sept_ 5. 2C }2 • •.••a•••aaaaaaaaa•••a•aa•aaaaasa.aaaa Place Notary Seal Above Personally knoNvn to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the eitity upon behalf of which the person acted, executed the instrument. Optional hand and official Signature of I tary Public Though the information below is nct required by law, it may prove valuaile to persons relying on the document and could prevent fraudulent removal and reattachment of this farm to another document. Description of Attached Document Title or Type of Document. Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual — Corporate Officer - Title(s): Partner--Limited—General X Attorney in Fact Trustee Guardian or Conservator Other: Signer is Representin-: AAMWest BOND NO: 102001590 PREMIUM: -NIL- Prr"Ao" clW ow M rnaMn Oars AN&..yc mar" au MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS, That we. 8F Construction, Inccrporated (hereinafter celled Principal, as Prindpxl, and AMWEST SURETY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Nebraska and authorized to transact a general surety business In the State of California . (hereinafter called Surety). as Surety, are held and firmly bound unto City of Huntington Beach Two Million Cne Hundred Eighty —Seven Thousand (hereinafter called Obligee). In the sum of and no/100---- DOLLARS($ 2 ,187 ,000.00 ), lawful money of the United States of America, to be paid to the said Obligee, or Its successors or assigns, to the payment of which sum well and truly to be made. we do bind ourselves. our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS. the Principal entemd Into a contract, with the said Obligee, dated for Construction of the City Gyra and Pool Renovation, Phas t w P•oi_ect,jn the City of Huntington Aegch,,. California and. WHEREAS, the Obligee requires that these presents be executed on or before the final completion and acceptance of said contract and WHEREAS, 881d contract was completed and accepted on NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall remedy without cost to the Obligee,any defects whlch may dovelop during a period of Twelve ( l Y) months from the date of Completion and acceptance of the work performod under the contract, caused by defective or Inferior materials or workmanship, then this obligation shall be void, otherwise it shalt be and remain in full force and effect. AYPBOVED AS TO FORU'- GAIL l;%"TV5,� SIGNED, SEALED AND DATED THIS DAY OF October/27, 1999 C111i A=i;_•— _'1 Ey. n9M14. ' togs Y �'@;q 1.N T-A3814 (3M) BF Construction, IncofpbUted By:M'QVIN &,N1WX,'SZ� IRE: ��y: Mark E. hrecken; torney—in—Fact r,dj"CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK ,ETTER OF TRANSMITTAL OF ITEM APPROVED BY TIIE CITY COLTi�'CIL/ REDEVELOPMENT AGENCY OF TIIE CITY OF 1RJN'TV GTON BEACH TO: � C�OYk57�YG'G�7�iDr)� L'GY�PbYa��G�4TTENTION: /I;Z/ .1Y07ai1 Name Marne �&1J �¢ t/ DEPARTRIEN'T: TY eslde,/� f s et Q REGARDUgG: (� - / cit ,state, Zip � DD � - �f trl'1 � ✓it. ��y/1 � �?l� SC �% See Attached Action Agenda Item Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Connie Brockway City Clerk Remarks: i Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed OtherCC- UJ&r/an Dt •rtment RCA gbbe eAv�:Y Agreement ✓ Insurance / Oth .er . Q . N Dep ment RCA l Agreement _1y Insurance —�/ Other / ✓ to 49 S Department RCA E c - �X ✓. �l ✓ ✓ Ageement -,� insurance '✓ Ot.':ei r Name Department RCA Agreement Insurance OUler Risk Management Dept. Insurance Trea.6arZA, Received by Name - Company Name - Date G:Followuplcoverltr (Telephone: 714536-5227) CALIFORINIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On October 27, 1999 , before me, Candy M. Coons, Notary Public, personally appeared Mark E. Shreckengast r� -1,►� CANDY R COONS CO $ ��= ..^; II.TCR'IP �lk�-CFLIFSr'.'r. S 2 , �� k f LOS MULES' %%.Y 2 ': :% My Comm.ExphesSe;;.5•C�_2 Place Notary Seal Above Personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Optional my Land and official Signature.o( Notary Public Though the information below is nct required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual — Corporate Officer- Title(s): — Partner--Limited—General X Attorney in Fact Trustee Guardian or Conservator Other: Signer is Representing: LIMITED POWER OF ATTORNEY Amwest Surety Insurance Company This docament is printed on white paper containing the artificial w-atemtarked logo ( A ) of Amwest Surely Insurance Company on the front and brown security paper on the back. Only unaltered originals of the Limited Power of Attorney (-POA") are valid. This POA may not be used in conjunction with any other POA. No representations or warranties regarding this POA may be made by any person. This POA is governed by the WAS of the State of Nebraska ar-d is only valid until the expiratioi daze. Amwest Surety insurance Comoany (the "Company") shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distributed without the permission of the Company. Any parry concerned about the validi-y of this POA or an accompanying Company bond should call your local Amwest branch o.Tice at (RI ) 2.16-et1Si KNOW ALL BY THESE PRESENT. that Amwest Surety Insurance Company, a Nebraska corporation, does hereby snake, constitute and appoint: [Hark E. Shreckengast CandyAl. Coons As Employees of Summit Surety Insurance Services Ls true an J lawful Attorney -in -fact, with limited po•her and authority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto i °a seal is required on bonds, undertakings, recogni Dances, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof as follow-.: Bid Brands up to S1,000,000.00 Contract, Court & Subdivision Bonds up to $5,000,000.00 Ltetnse and Permit Bonds rap to S1,000,000.011 Miscellaneous Bonds Up To S1,000,000.00 Small Business Admistration Bonds up to S1,250,000.00' and to bin i the company thereby. This appointment is trade under and by authority of the By -Laws of the Company, which are now in full force and effect. 1, the and:-migned secretary of Amwest Surety Insurance Company, a Nebraska corporation. DO IIEREDY CERTIFY that *is Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of Amwest Surety Insurance Company set forth on this Power of Attorney, and Plat the relevant provisions of the By -Laws of each company, are now in full force and cre:t. ItondNo_ 102001590 Signed&scald this 2701jayof October 1999 Karen G. Cohen, Secretary r ••••••••r••r •••• RESOLUTIONS OF THE BOARD OF DIRECTORS r••••••••+•r••••r••••• ••••r Phis POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety insurance Company at a meeting duly held on December 15. 1975: RESOLVED, that the Prtsident or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seat of Ot Company to bonds, undertakings, recagnizances, and suretyship obligations of all kinds; and said Officers may remove any such attorney -in -fact or agent and revoke any POA rreviously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company: () when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary: or ( i) when signed by the President cr any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or al-ent or ( ii) when duly executed and sealed (if a seal be required) by one or mare attorneys -in -Fact or Mg-nts pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. FISOLVED FURTHER, that the signatur: of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company. and such signature and seal when so used shall Fave the same force and effect as though manually afFxed. IN WM =SS WHEREOF, Amwest Surety Insurance Company has caused these present to be signed by its proper officers, and its corporate seals to be hereunto affixed this 25"day c'September, 1998. T John E. Savage, Presidefit Karns G. Cohen, Secretary State of califomia County of Los Angeles On September 25,1998 before me, Peggy B. Lofton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me an the basis of satisfactory evidence) to be the persm(s) whose name(s) islare subscribed to the within instrument and acknowledged to me all that helshrVwy executed the same in his'herltheir authorized capacity(ies), and that by his'herltheir signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1ti'ITN[55 my d and official seal. PEC4YL .,� IN q�, y � , �1 cortmtladott f 1 ot3se0d/ 4ZCi oQQOR,q�gy Signature (Seal) + Q1W LM Ar*Wm Mu* Cornrn. Eq*" Aug 6.1999 .. (f= DEC.14, ohm Y t995 0 ��7W��- N•;a [T230 Las Virgenes Road Calabasas, CA 91302 TEL 818 871-2000 10/11/1999 13:44 9099819204 bt- k UNZD1KUl.11UN rHuL; u,, RESOLUTION OF THE BOARD OF DIRECTORS OF BF CONSTRUCTION, INC. (California Corporation) Authority For Walter B. Froton, President {Catch Ally I, the undersigned, being all of the Directors of BF Construction, Inc, a California corporation, having met and discussed the business herein set forth, have unanimously: RESOLVED, that Walter B. Froton, as President, be and is hereby authorized to borrow money for the corporation,; and/or make loans of any size, type, or kind whatsoever, at his discretion, on behalf of the corporation, and be it FURTHER RESOLVED, that Walter B. Froton, as President, be and is hereby authorized to negotiate, consummate, and/or enter into any type of financing, purchases, conditional sales contracts, leases, lease purchase agreements, co-sign for or make loans to employees, or enter into and execute any documents representing debt or encumbrances or obligations of any nature, for and on behalf o the corporation, at his discretion and in his best judgment, and be it FURTHER RESOLVED, that Walter B. Froton, as President, be and is hereby authorized to enter into any type of contractual agreement at his discretion, and be it FURTHER RESOLVED, that Walter B. Froton, as President be and is hereby authorized to handle all employment of corporate employees which in his discretion is in the best interest of this corporation, and be it FURTHER RESOLVED, that Walter B. Froton, as President, be and is hereby authorized to make any decisions, take any actions, issue any directives, and/or consummate any business transactions whatsoever in the pursuit in the corporation's business. DATED this 27thday of September , 19 9 \I\j.0a 4;3' Walter B. Froton Director in Toto R-7 C ---�1 Sfiate M S AMC ` � 1 California SECRETARY OF STATE CORPORATION DIVISION 1'765410 I, BILL JONES, Secretary of State of the State of California, hereby certify: That the annexed transcript has been compared with the corporate record on file in this office, of which it purports to be :a copy, and that same is full, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this JUN 191995 Secretary of State SFUSI.re Fonu CE-107 (Rev. 12194) ARTICLES OF P'CORPORATION 1765410 - ENDORSED Ff LED In me office of the Secretary of State of the State of IIi QUN 1 91995 . o, TILL TOMES, Se , Iy N WE 11• / .1 t 11 " • 1 r• r • 1 • • i • 1 / M• •row• • • I M SECOND. This corporation is a close corporation. All of the corporation's issued shares of all classes shall be held of record by not more than shirty -five persons. THIRD: The purpose of this corporation is to engagrne in any lmvfW act or • •!•I►i � • JI .1 �1�� •J 141• • 1 1tiKta •i •)e•JSII /_�• �/ � w 11 i�•i �N Corpo.- ion Lmv of California other than the banking business, the trust r•lii•:1 Pill Liiq'► i • M•r- • • • :� • •� 11 ice• • •" 11 r• • 1 �1 • li 160,19 /MoSM61• • I51 1 • • " process in the State of California is: Waiter B. Froton 20630 E. Stephanie Drive Covina, CA 91724 F=- ' This corporation is authorized to issue only one doss of shams of stoc1q :�/ • 1/ • Y. 11 �11 • � i .� +. i ••1 N r• • f N . 1 .i i/i • ��• • 1N WfiNFSS V41EREOF, the undersigned has mecuted these Articles this 11 th clay of iun 1995. Stephanie Brooks, hx peratar CALF. - 0380 - 6112I851 d41 STATEMENT OF SOLE DICORPORATOR OF BF CONSIRUMON, MCORPORATM The articles of incorporation of this corporation having been filed in the office of the Seartary of State, the undersigned, being the sole incorporator named in said articles, does hereby state that the follo,.%ing actions «sere taken on this day for the purpose of organizing this corporation: 1. Bylaws for the regulation of the affairs of the corporation were adopted by the undersigned incorporator and were ordered inserted in the minute book immediately following the copy of the articles of incorporation and before this instrument. 2. The foIlowLig persons wrre elected as directors to hold office until the fast annual meeting of stockholders or until their successor(s) is/= elected and qualified: Walter Froton Lucy From 3. The board of directors was authorized, in its discretion, to issue the shares of the capital stock of this corporation to the full amount or number of shares (CALIF. - 1589 - 1/3/94) 4- . authorized by the articles of incorporation, in such amounts and for such consideration as from time to time shall be determined by the board of directors and as may be pern-deed by law. 4. The following persons were elected to the offices of the corporation set before their names, to serve for the ensuing year and until their respective successor(s) is/are elected and shall qualify: President: Walter B. Froton Vice -President: None Secretary: Lucy Froton Treasurer. Walter B. Froton Dated: Twenty-first Day of June,1995. �. (CALIF. - 1589 - 1/3/94) -2- CF SQrVAIJ Stephanie Brooks ME RESOLUTION OF THE BOARD OF DIRECTORS OF BF CONSTRUCTION, INC. (California Corporation) Authority For Walter B. Froton President Catch AM I, the undersigned, being ail of the Directors of BF Construction, Inc., a California corporation, having met and discussed the business herein set forth, have unanimously: RESOLVED, that Waiter B. Froton, as President, be and is hereby authorized to borrow money for the corporation, and/or make loans of any size, type, or kind whatsoever, at his discretion, on behalf of the corporation, and be it FURTHER RESOLVED, that Walter B. Froton, as President, be and is hereby authorized to negotiate, consummate, and/or enter into any type of financing, purchases, conditional sales contracts, leases, ]case purchase agreements, co-sign for or make loans to employees, or enter into and execute any documents representing debt or encumbrances or obligations of any nature, for and on behalf o the corporation, at his discretion and in his best judgment, and be it FURTHER RESOLVED, that Waiter B. Froton, as President, be and is hereby authorized to enter into any type of contractual agreement at his discretion, and be it FURTHER RESOLVED, that Walter B. Froton, as President be and is hereby authorized to handle all employment of corporate employees which in his discretion is in the best interest of this corporation, and be it FURTHER RESOLVED, that Walter B. Froton, as President, be and is hereby authorized to make any decisions, take any actions, issue any directives, and/or consummate any business transactions whatsoever in the pursuit in the corporation's business. DATED this 27th day of S tember 19 99 kN Walter B. Froton Director in Toto R-7 SECTION C PROPOSAL for the RENOVATION OF THE CITY GYMNASIUM AND POOL BUILDING PHASE TWO from CASH CONTRACT No.1043 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the selected working day schedule, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidden and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise tt.e project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. EIDDER'S Accompanying ibis proposal of bid, find _ FtoNn in the amount of $ 109.4 which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received .. _ Bidder's Signature 1 9/27/99 2 9/30/99 1_ 1. C-2 PROJECT BID SCHEDULE RENOVATION OF THE CITY GYMNASIUM AND POOL BUILDING PHASE TWO 1600 PALM AVENUE, HUNTINGTON BEACH, CALIFORNIA 92648 CASH CONTRACT No.1043 TOTAL AMOUNT LUMP SUM HID IN FIGURES: TOTAL AMOUNT LUMP SUM BID IN WORDS: D Y'IG.rJ a Ale C e, fiJ l C-3 S2,1S�vvv lb LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who 41 perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work :; _ Name of Subconftctor:and Address . _ r - - State license Wuihber" . Class /� 1#6+zt"ew4 Fnr'. n L As • to C VS70C Nsg Ea.*ti-,A.t�A��r �a4N.�... Cdf 7f7 fc(w C27 4rtc f.d f7FL, C33 C4, Tom.-e+r_ ('v4g . .l% r:. ti k d T X4 A, .4 • t / 1-/� r., �3< <i C,4 �7 C/ y S C Y3 Frl-f+e. Cat Y7 9 5 I� ?., �a. a s.. Jl:. ,• ems.. Z..,c�,d.�., C.A 'ia St. af ) G L Pam:..+:..• C'/►:.. d'a:n t.� G/a-.�{..� t� S+vb� /tf C33 By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 W4 bXF LIST OF SUBCON'TRA.CTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work- or render service to the bidder on said contract in an amount in excess of one-hal- of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion ! : ,; of work' .t'"# Name• of Subcontractor and Address:. . _ �_ _.•:.. y : ; State License Class rK, 14 , V .0 1.0 C �P.. c+(. r Ca y s 17 z. 3 C SJ Fr,t Pro fectiu A 7r F.+.e Peggy i4.# &CA&' Cat /-9 CAL ItVAG AA! rka.,: 1...f t.dr VQ 4 N V �C) 1 t,ri C. C 'Z / r1e.1, la.. CA Y3483.p Cra By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. 2. That the AGENCY %%ill be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for'.his project. C-4 LIST OF VENDORS ,.� All bidders are required to famish the follo%ing information relative to the vendors that he/she proposes to use. Xar of V-Odor . , . _ Address -. of ice and Telephone, 'Number • •' Type of Material or Product and Models) N=ber(s) _ , FAMILIAh PIPE PONONA, CA (909)364-8764 PIPE NATIONAL RENTA S PACOIMA, CA (800)352-56 5 EOUIPMENT GTE INGLEWOOD, CA (310)793-41 9 PHONE EQUIPMENT ORCO CONST SUPPLIES SANTA ANA, CA ((714).56-8300 MISC MATERI KETTH SWAN SAN CLEMENTE CA 714366 1144 AERIAL PHOTOS GROVE LUMBER ONTARIO, CA (909)947-027 LUMBER CALIF WATER SV RANCHO PALOS VERDE, CA ( 10)377-5525 WATER S SCE ROSEMEAD, CA (310)418-73 Q ELECTRICITY CONTRACTOR"S L ASING GLENDORA, CA (909)6 8-1650 EQUIPMENT RE' POMONA VALLEY REPPO POMONA, CA (909)622- 538 BLUEPRINT COPIE WASTE MGMT GARDENA, CA (310)523-9555 TRASH CONTAINERS AMERICAN BACKH E ORANGE, CA (800)845-2 44 EOUIP RENTAL STANDARD CONCRETE SANTA`ANA, CA (909)62 -8550 CONCRETE SUPP JONES LUMBER LYNWOOD, CA (323)564-665 LUMBER SUMMIT SURETY LOS ANGELES, CA (323)256 0126 BOND ,?a.t1...y. oq J,! ) W,-q .y �NrfR• Lrri.wo.. CA C-5 LS RVICE TAL JES LIST OF VENDORS All bidder's are required to furnish the following information relative to the vendors that he/she proposes to use. - ; - Name of Vefidor "'' .. _ ; _ - :-. Address :of • - ice __and - Telephone :' Type : of Maseru! or Product 'and Models) h'rmaber(sj C-5 BIDDER'S CERTMCATTON* HOUSING AND URBAN DEVELOPINMTr ACT OF 1969 AS AMENDED IN 1992, SECTION, 3 j - TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager rinitial the applicable selections): ��Wili ensure that 10% of all new hires as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of I968; or Will hire no new employers in conjunction with this project. Will award 10% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor:_ _FT cQNS3:EUCTT0y _TpcoRpopATFn Contact Person: WALTER A . FporoN Contactphone: (909) 981-8665 Signed: Date: 1017/9 9 *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al} and must be submitted by bidders and proposed sub -contractors only in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 OM). Previous non-com pliance with Section 3 could result in dis ualification. PC Docs * 0013081.01 C-6 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of @ram San Uernardino WALTER B. FROTON , being first duly sworn, deposes and says that he or she is PRESIDENT Of RF CONST INC the party making the foregoing bid that the bid is not made in the interest of, or on the behalf o , any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreern_nt, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. i3F CONSTRUCTION' INCORPORATED Name of Bidder Signature of Bidder 310-A MCARTHUR WAY UPLAND, CA 91786 Address of Bidder Subscribed and sworn to before me this Seventh day of October, , 1999 NOTARY PUBLIC C-7 1\V lI1i\1 ,]i r UTILITY AGREEMENT HONORABLE NUXOR AND CITY COUNCIL CITY OF HUNTMGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as RENOVATION OF THE CITY GYMNAS"i AND POOL BUrLDING PHASE TWO, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: 1017l99 PF CONSTRUCTION INCORPORATED Contractor By Y: ALTER B . FROTON PRESIDENT Title C-8 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 143I0.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or Iocal government project because of a violation of law or a safety regulation? Yes If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-9 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compcnsation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 10 /7 / 9 9 BF CONSTRUCTION INCORPORATED Contactor . " WS/ " �':) - By WALTER B. FROTON PRESIDENT Title C-10 r UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. - Section 421 b14217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-8004224133 a minimum of two wo_king days before scheduled excavation. Dig Alert ldentirlcafian Number: Contractor By Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-11 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: BF CONSTRUCTION INCORPORATED Bidder Name 310—A MCARTHUF WAY Business Address UPLAND, CA 91786 909 _ 981-8f65 Telephone Number 713598 B, C36 State Contractor's License No. and Class 10/13/95 Original Date Issued 10/31/99' Expiration Date The work site was inspected by LARRY LOEHR of our office on SEPT. 16 919 99 . The following are persons, firms, and corporations having a principal interest in this proposal: WALTER B. FROTON. PAUL G. MARSHALL, JR. C-12 PRESIDENT c e f VICE PRESIDENT El-r The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, fn:ncially or othemise, to perform the contract for the proposed work and improvements in accordance with e.e plans and specifications set forth. BF CONSTRUCTION INCORPORATED Company Name Signature of Bidder WALTER B. FROTON Printed or Typed Signature 310-A McARTHUR WAY, UPLAND, CA 91786 Address of Bidder 9(� 09 ) 981-8665 Telephone Number Subscribed and sworn to before me this Seventh day of, October. „ .19 99 . NOTARY PUBLIC C-13 ru -T&N■.VY rW san Sherrie E. Mittan comm. Ott 158907 NOTARY PUBLIC • CALIFOMM SM BERNARDINO CALW" Comm, >rxp. FbY. 11.2001 Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: j, HOUSING KUTHORITY OF CITY OF LOS ANGELES, 2600 WILSNIRE ELVD. NameandAddress 3rd FLOOR, LOS ANGELES, CA Name and Telephone No. of Project Manager: TIM• HONDA(211 252-1870 PLUMPING & CARPENTRY 9, 020.000 9 �T RDAN -nowN.s U29 Contract Amount Type of Work Date Completed z, LOS ANGELES UNIFIED SCHOOL DISTRICT, 355 S. GRAND AVE. Name and Address LOS ANGELES, CA TURNER CONSTRUCTION MANAGEMENT Name and Telephone No. of Project ManagerQ CA RDENA (81 A 709-8669 2,025,000 BOND AIR CONDITIONING 8/99 Contract Amount Type of Work Date Completed l 3. COMMUNITY" DEVELOPMENT COMMISSION, 2 CORAL CIRCLE, Name and Address MONTEREY PARK, CA �.J ROBERT Name and Telephone No. of Project Manager: ROMANOWSKI(32.3 890-7072 SEISMIC RETROFIT 4,878,440 & IMPROVEMENTS _ 9/99 Contract Amount Type of Work � Date Completed C-14 19 n RENOVATION OF THE HUNTINGTON BEACH CITY GYMNASIUM AND POOL ADDENDUIv1 #1 D New Pages Add "Asbestos Abatement and Lead Specifications",124 pages, to back of Project Manual. (Pages included as attachment behind page 6) 2 REVISIONS TO THE DRAWINGS 21 Asbestos Containing Floonng Removal A Sheet N1 1, Master List of Keynotes, Keynote 2 21 Replace note "(NOT USED)" with "FLOOR COVERING/LINOLEUM MATERIAL KNOWN TO CONTAIN ASBESTOS, COMPLY WITH ASBESTOS ABATEMENT SPECIFICATIONS IN PROJECT MANUAL " B Sheet A3 1 1. Keynotes Add new dote "2 21 FLOOR COVERING/LINOLEUM MATERIAL KNOWN TO CONTAIN ASBESTOS COMPLY WITH ASBESTOS ABATEMENT SPECIFICATIONS IN PROJECT MANUAL" 2 Demolition Floor Plan, Room 141, Add Keynote 4'2 21" ARCIy/ ZP 0�,: J► y� O C 3361 AEN Al, 0 F . ZAL1 ,ARCHITECT DAVID B Y'DEEN, C-13361 Y'DEEN/ASSOCIATES, ARCHITECTS 0 Bidder Acknowledge S(;� BF CONSTRUCTION INCORPORATED 10 7 99 Company Name By Date WALTER P. FROTON, PRESIDENT Page 2 of 7 { A/1999 15:86 7145248731 Y'DEENRCHITECTS PAGE 06 /A RENOVATION OF TIM HUNITNGTON BEACH CITY GYMNASIUM AND POOL +••✓' ADDEN UM f* ARDn 00 J rn O. C 1330 REN. /OtF/•,Of 7� OF cz\i ARCHITECT DAVI,D B. Y'DEEN, C-13361 Y'DEEN/ASSOCIATES, ARCHITECTS It Bidder Acknowledge: BF CONSTRUCTION INCORPORATED �,'� 10/7/99 P By ttc� Company RLTEF A. FROTON, PPMDENT Page 5 of 18 RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: Authorize Award of Construction Contract for the Renovation of the City Gym and Pool, Phase Two; CC-1043 COUNCIL MEETING DATE: I November 15,l999 RCA ATTACHMENTS STATUS Ordinance (wlexhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Attomey) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form Y a Attomey) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Attached Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORW RDED Administrative Staff Assistant City Administrator (Initial) ( } ( ) City Administrator (Initial) ( } { av ) City Clerk ( } EXPLANATION FOR RETURN OF ITEM: RCA Author. CHARLONNE SECTION C PROPOSAL for the RENOVATION OF THE CITY GYMNASIUM AND POOL BUILDING PHASE TWO from CASH CONTRACT No. 1043 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in ..�' the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within the selected working day schedule, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time pres.-nbed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and %ill be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. \ C-1 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in ..�' executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. �f P_IDDER' S Accompanying this proposal of bid, find Porn in the amount of S 10% which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received Bidder's Signature _ 1 9/27/99 2 9/30/99 C-2 PROJECT BID SCHEDULE RENOVATION OF THE CITY GYMNASIUM AND POOL BUILDING PHASE TWO I600 PALM AVENUE, HUNTINGTON BEACH, CALIFORNIA 92648 CASH CONTRACT No. 1043 TOTAL AMOUNT LUMP SUM BID IN FIGURES: S 2! 0017 00 v TOTAL AMOUNT LUMP SUM BID IN WORDS: -r" A4:1i:o„ 0^4e 05.g "17 yI%4,rJ OZ C7?,S-V Al., iow tJ C-3 LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Rork'-..... Wame of Subcontractor and Address _ ... State License _ Number ' _ . Class • :; __ Ns� �wW its FA �7i. �I At ��'Vb..tv" C 7f 7 r0 f✓ C27 J ♦.* Q d T Ah o f Cam( rj 7 5+ �/ S Pr�f�e. Pw(,/7rr.��.srh G�� H Cr<i tf 7 79 /�-t lft�.a��: oa11i:. a. r...�r.I:.� CA S�aSt�J GL �"►:eka� / By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. 2. That the AGENCY w711 be fiunished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-4 NAZ 1)X LIST OF SUBCONTRACTORS In accordance with Government Code Section 4144, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Word:;�' Name of Subcontractor and Address ., -_ w < :.. - ". - :. �: _ State License Number Class " 1.A.lw,wr�� CA 3 C s�7 Frt Pr, fet ty A -rT rr.'. C 9", 4 a. la<d e -4 C J L 14VA(, AA&ct..,.•e...f tr4.,va 4�AlV ovig(,-7 a, cz Elccf,icA -, w./ta.i��isl Eiacf. Az� I1 CA Y"4p3J Cfd By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work that is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcont-acts entered into and bonds famished by subcontractor for this project. C-4 .a LIST OF VENDORS All bidden are required to furnish the following information relative to the vendors that he/she proposes to use. Name of Vendor = ._: ' Address of Lice cr;d Telephone wwnber . Type of Afaterial or .Product and Alodel(s) A=ber(s) FAMILIAN PIPE POMONA, CA (909)364-8764 PIPE NATIONAL RENTA S PACOIMA, CA (800)352-56 5 EQUIPMENT GTE INGLEWOOD, CA (310)793-41 9 PHONE EQUIPMENT ORCO CONST SUPPLIES SANTA ANA, CA ((714).56-8300 MISC MATERI. KFITH SWAN SAN CLEMENTE CA 714 366 1144 AERIAL PHOTOS GROVE LUMBER ONTARIO, CA (909)947-0271 LUMBER CALIF WATER SVC RANCHO PALOS VERDE, CA ( 10)377-5525 WATER S SCE ROSEMEAD, CA (310)418-73 4 ELECTRICITY CONTRACTOR"S L ASING GLENDORA, CA (909)6 8-1650 EQUIPMENT RE POMONA VALLEY FEPPO POVONA, CA (909)622- 538 BLUEPRINT COPIE WASTE MGMT GARDENA, CA (310)523-9555 TRASH CONTAINERS AMERICAN BACKH E ORANGE, CA (800)845-2 44 EQUIP RENTAL STANDARD CONCREITE SANTA ANA, CA (909)62 -8550 CONCRETE SUPP JONES LUMBER LYNWOOD, CA (323)564-665(., LUMBER SUMMIT SURETY LOS ANGELES, CA (323)256 0126 13OND 67f.-1'* 14 04 ) Ni I-4 LH� Q4 v ; • CrS e.. 0— CA & jA C-J LS RVICE 'TAL TIES LIST OF VENDORS All bidders are required to furnish the follouring information relative to the vendors that he/she proposes to use. Type of Material or Product Name of Vendor Address -of Office jmd -Telephone msd Models) Nunrber(s) - _ Nwnber ' .. C-5 BIDDER'S CERTMCAnON* HOUSING AND URBAI T DEVELOPMENT ACT OF 1968 AS AMENDED IN 1992, SECTION 3 TITLE 24, Code of Federal Regulations, Part 135* Economic Opportunities for Low and Very Low -Income Persons The bidder, under penalty of perjury, certifies that except as noted below, any person associated therewith in the capacity of owner, partner, director, officer, or manager (initial the applicable selections): Will ensure that 10% of all new lures as a result of this project shall meet all requirements of Section 3 of CFR Part 135 of the HUD Act of 1968; or . 1H hire no new employees in conjunction with this project. Will award I0% of its sub -contracts to Section 3 businesses. This certification shall apply to the prime contractor's sub -contracts related to this project. Contractor: �RF CONSTRUCTION JMQQVnQPa Tom, Contact Person: WALTFR P._FROTON Contact Phone: _( 9 0 9 )9 8 1 - 8 6 5 5 Signed: Date: _ 1 of 7/9 9, . *Note: The above certification is required by the Department of Housing and Urban Development (24 CFR 135 and Subtitle A et al) and must be submitted by bidders and proposed sub -contractors cnly in connection with contracts and subcontracts which are subject to Section 3 of the 1968 Housing and Urban Development Act, as amended in 1992 (HUD). revious non-com fiance frith Section 3 could result in dis uglification. PC Dots N 00 L3Q8 LA 1 C-6 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED NVITH BID State of California ss. County of Orange: San Fernardzno WALTER B. FROTON , being first duly sworn, deposes and says that he or she is PRESIDENT Of RF CONST INC the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data 1 relative thereto, or paid, ' and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. BF CONSTRUCTION INCORPORATED Name of Bidder -V- _ Signature of Bidder Sherds E. Mftn aoTMWPUSM- 310—A MCARTHUR WAY 5W9EFVUU%V +o001KM UPLAND, CA 91786 c011°' E'er NW, 11.I Ot Address of Bidder Subscribed and sworn to before me this Seventh day of October 1)19 99 NOTARY PUBLIC �J C-7 114 V 111f\ 1 JL., L UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as RENOVATION OF THE CITY GIWWASIUM AND POOL BUILDING PHASE TWO, (I)(we)(it) wz1I employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved." The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned fiuther promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. BF CONSTRUCTION INCORPORATED Contractor Date: 10 / 7199 By WALTER B. FROTON PRESIDENT Title C-8 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local govenunent project because of a violation of law or a safety regulation? Yes ®o If the answer is yes, explain the circumstances in the space provided. NOTE: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-9 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to b: insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 10/7/99 BF CONSTRUCTION INCORPORATED Contractor By WALTEP A. FROTON PRESIDENT Title C-10 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of Sze Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate %%ill be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-8004224133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor Title Date: Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-11 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: BF CONSTRUCTIOtd INCORPORATED Bidder Name 310—A MCARTHUR WAY Business Address UPLAND, CA 91786 909 _ 981-8665 Telephone Number 713598 B, C36 State Contractor's License No. and Class 10/13/95 Original Date Issued 10/31/99 Expiration Date The work site was inspected by LARRY LOFHR of our office on SEPT. 16 .19 99 . The following are persons, firms, and corporations having a principal interest in this proposal: WALTER B. FROTON PAUL G. MARSHALL, JR. C-12 PRESIDENT VICE PRESIDENT The undersigned are prepared to satisfy the Council of the City of Huntington Beach of their ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. PF CONSTRUCTION INCORPORATED Company Name Signature of Bidder WALTER B. FROTON Printed or Typed Signature 310-A McARTNUR WAY, UPLAND, CA 91786 Address of Bidder 9( 09 ) 981-8665 Telephone Number Subscribed and sworn to before me this Seventh day of October ,19 99 NOTARY PUBLIC �,i i. V a! 1 %• t 1--r►iJ Sherrie E71MAitlan Comm. V 07NOTARY PUBLIC FORIYASM BERNARDIUM11'"I Gomm Exp. NW.1 ti. t001 C-13 Listed below are the names, address and telephone numbers for three public agencies for which i the bidder has performed similar work within the past two years: 1, HOUSING AUTHORITY OF CITY OF LOS A_NGELES, 2600 WTLSFTRE BLVD. NameandAddress 3rd FLOOR, LOS ANGELES, CA Name and Telephone No. of Project Manager: t'►'M • T40ND A (211 2 5 2 -18 70 PLUMBING & CARPENTRY 9,020,000 ANT ** G Contract Amount Type of Work Date Completed 2, LOS ANGELES UNIFIED SCHOOL DISTRTCT, 355 S. GRAND AVE. Name and Address LOS AN GELES, CA TURNER CONSTRUCTION MANAGEMENT Name and Telephone No. of Project Manager:ED CARDENA (81 A 709-8669 2,025,000 BOND AIR CONDITIONIKG 8/99 Contract Amount Type of Work Date Completed 3. COMMUNITY DEVELOPMENT COMMISSTON, 2 CORAL CIRCLE, Name and Address MONTEREY PARK, CA ROBERT Name and Telephone No. of Project Manager: ROMANOwSKT_(3.2:J __890-7072 SEISMIC RETROFIT 4,878,440 _ S. IMPROVEMENTS 9/99 Contract Amount Type of Work Date Completed C-14 El e 1 RENOVATION OF THE HUNTINGTON BEACH CITY GYAD ASIUM AND POOL ADDENDUM #1 D New Pages Add "Asbestos Abatement and Lead Specifications", 124 pages, to back of Project Manual (Pages included as attacbment behind page 6) 2 REVISIONS TO THE DRAWINGS 21 Asbestos Contauung Flooring Removal A Sheet N1 1, Master List of Keynotes, Keynote 2 21 Replace note "(NOT USED)" with "FLOOR COVERING/LINOLEUM MATERIAL KNOWN TO CONTAIN ASBESTOS, COMPLY WITH ASBESTOS ABATEMENT SPECIFICATIONS IN PROJECT MANUAL " B Sheet A,3 1 1 Keynotes Add new note "2 21 FLOOR COVERING/LINOLEUM MATERIAL KNOWN TO CONTAIN ASBESTOS COMPLY WITH ASBESTOS ABATEMENT SPECIFICATIONS IN PROJECT MANUAL " 2 Demobtion Floor Plan, Room 141 Add Keynote "2 21" �EtD ARr dw * O C 3361 REN 10 s/qf red • Q. �9TFOF-CA--1F�Q`\ ARCHITECT , DAVID B Y'DEEN, C-13361 Y'DEEN/ASSOCIATES, ARCHITECTS Bidder Acknowledge Sk;� BF CONSTRUCTION INCORPORATED 10 7 99 Company Name By Date WALTER B. FROTON, PRESIDENT Page 2 of 7 r0/1999 15:06 714524F731 Y'DEEN/ARCHITECTS PAGE e6 RENDVATION OF THE HLTP�TNGTON BEACH CITY GYnNASIMI AND POOL ADDENDUM #2 rm_,� ARcy, Rooxs -'TF 0. C 13361 �lFI�F CAL1�� ARCHITECT DAVID B. Y'DEEN, C-13361 Y'DEEN/ASSOCIATES, ARCHITECTS Bidder Acknowledge: BF CONSTRUCTION INCORPORATED Company Name W 10/7/99 WALTER P- FROTON, PR IDENT Page 5 of 18 ZZOW"AMWest BOND NO: Not Applicable PUBLIC WORKS BID BOND Know all men by these presents: That we, BF Construction, Incorporated PREMIUM: -NIL- BID DATE: October 7, 1999 (hereinafter called Principal), as Principal, and AMWEST SURETY INSURANCE COMPANY, a corporation (hereinafter called Surety), organized and existing under the laws of the State of Nebraska and authorized to transact a general surety business in the State of Nebraska , as Surety, are held and firmly bound unto City of Huntington Beach (hereinafter called Obligee) in the penal sum of Ten percent ( 10% ) of the bid amount, but in no event to exceed Ten Percent of the Amount of the Bid Dollars ( 10% ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Renovation of the City Gymnasium and Pool Building, Phase Two, Cash Contract Number 1043 NOW, THEREFORE, if the contract is awarded to the Principal and the Principal has within such time as may be specified, entered into the contract in writing, and provided a bond with surety acceptable to the Obligee for the faithful performance of the contract; or if the Principal shall fail to do so, pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in the bio and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by the bid, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED THIS DAY OF October 7, 1999 BF Construction, Incorporated ;� INS(jp" i By: ��9 Prgz/ 0 DR4:j \ C) _ to DECQ14, 0 _ 1995 01 s,d)\ 2eRAS� �a� By: BF-A3032 (4/98) LIMITED POWER OF ATTORNEY Amwest Surety Insurance Company Ibis document is printed on white paper containing the artificial %%temrarkcd logo( A ) of Amwest Surety insurance Company on the front and brown security paper o-i the bark. Only unaltered originals of the Limited Power of Attorney (-POA") are valid. This POA may not be used in conjunction with any other POA. No ri-presenta.ions or warranties regarding this POA tray be trade by any person. This POA is govemed by the laws of the State of Nebraska and is only valid until the ecpiration date. • Amwest Surety Insurance Cornprny (the "Company") shall not be liable on any Iimited POA Which is fraudulently produced, forged or otherwise distributed wi&..out the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest banchofrceat (SIRY6-5151 KNOW ALL BY THESE PRESENT, that A rawest Surety Insurance Company, a Ncbraska corporation, does hereby make, constitute and appoint: Mark E. Shretkengast Candy 11. Coons As Employees of Summit Surety Insurance Services its true and lawful Attorney -in -fact, with limited pciwer and authority for and on behalf of the Company as surcty to execute, deliver and affix the seal of the company thereto if a seal is r:quircd on bonds, undertakings, recognizances, reinsurance agreement for a {Hiller Act or other performance bond or other written obligations in the nature thereof as follows: Bid Bands up to $1,000.000.00 Contract, Court & Subdivision Bonds up to $5,000,000.00 License and Permit Bonds up to $1,000,000.00 11 fiscella neous Bonds Up To $1,000.000.00 Small Fusiness Admistration Bonds up to $1,250,000.00 and to bind the company thereby. This appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect. 1, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation. DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of Amwest Surety Insurance Company set furth on this Power of Attomey, and thzt the relevant provisions of the By -Laws of each company, are now in full force and effect. Bend No._ Bond Signed& sealed this7t�► dayof�CtobeY 1999 T Karen G. Cohen, Secretary a••r•r•••r•••••++RESOLUTION'S OFT11CBOARD OFDIRECTORS +••••••r•ww ►w•a•a••a•w ••••• This POA is signed and sealed by facsimile under anti by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety Insurance Company at a meeting duly held on December 15,1975: RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the sal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; anJ said olYicers may remove any such attorney -in -fact or agent and revoke any POA previously granted to such person. RESOLVED FURTHER. that any bond, und_naking, recognizance, or suretyship obligation shall be valid and bind upon the Company: (i) when signed by the President or a,y Vice President and attested and sealed (if a sal be required) by any Secretary or Assistant Secretary; or (ii) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sated (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or rrxmc attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such perstoi or persons. RESOLVED FURTHER, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authorizing the execution and deliveryof any bond, undertaking. recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the sa-w force and effect as though manually affixed. IN WITNESS WHEREOF. Amwest Surety Insurance Company has caused these present to be signed by its proper officers, and its corporate seals to be hereunto affixed this 25'' day or septembcr, 1998. 45 John E. Savage. Presidcfii Karen G. Cohen, Secretary Su Ic of Ca"fornia County of Los Angeles On Stptcmber 25, 1998 before me, Peggy B. Uvfton Notary Public, personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persor(s) whose name(s) istare subscribed to the within instrument and acknowledged to me all that helshelthey executed the same in his lierltheir authorized apacity(ies), and that by his'hcrhhcir signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed thr instrument. WITNESS my Pd and official scat. PEGCY & tioFrdN a(" � 1 N S t r@,MY C&r1f16dcn #106Afidi{ Signature (Seal}NOW Pk tit — cadfow" g .z - F .r ttt Convn. E#ns Aug 6.1W 1V-% -1995 )r0% en A 5230 Las Virgenes Road C21aba5as, CA 91302 TEL 818 871-2000 I CONSTRUCTION, INC. l 3I0-A McArthur Way Upland, CA 91786-5637 i' k k ' k i SEALED BID RENOVATION Or THE CITY f GYININASIUNI AND POOL BUILDING PHASE TWO � BID DUE: ion199 2:00 pm CITY OF HUNTINGTON BEACH 2000 N'IAIN STREET r HUNTINGTON BEACH, CA 92648 1 9{ I RECEIVED CITY CLERK CITY OF HUNTIIWON BEACH. CA f4gl OCT --1 P 2= 00 RECEIVED CITY CLERK CITY OF HUNTINGTON BEACH. CA il49 OCT -1 P 1- 54 COPIES TO: Suzanne Geneil Cite Clerk CITY GYA1 AND POOL RENO VA TION CC-1043 October 7, 1999, 2:00 PAI (Engineer's Estimate: S2,25 MILLION) .AID LIST .: BIDDER'S NAME RANK TOTAL BID AMOUNT 1. Adams/Mallory $ 41 775 76 5 of 2. Allied Engineering & Construction $ 3. ATEK Construction $ 4. BF Construction U S o�� I F7, 000 -� 5. Biltmore Construction Corp. $ 6. CA Commercial Pools $ 7. Camco Pacific $ $. Carlson's Landscaping $ 9. C-DAD, Inc. $ 10. Construct One Corporation $ 11. DJNI Construction Company 12. EMAE International $ vv a, a 7�1 ooa. 13. 1 TR International S 14. J. Murray Construction $ 15. Karcher Environmental Page one of two CC-1043 October 7,1999, 2:00 P11I (Engineer's Estimate: $2.25 MILLION) BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 16. Knerr Pools Systems 17. Nlallcraft, Inc. 18. Mission Pools $ 19. Mod Craft $ 20. Projective Development, Inc. $ 21. Rene Development S 22. Reza, Inc. 23. SNIC 41p p. / 24. T & N1 Construction 25. Urbantec Engineers 26. USS Cal Builders $ a, �' % % 000 .0 0 Page two of two 121M ;- Y ' DEEN / ASSOCIATES, ARCHITECTS ARCHITECTURE - PLANNING ADDENDUM # 1 TO THE PROJECT MANUAL AND DRAWINGS FOR THE: RENOVATION OF THE CITY GYM AND POOL BUILDING - - PHASE 2 CASH CONTRACT NUMBER 1043 CITY OF HUNTINGTON BEACH (Y/A 45-12) DATED: SEPTEMBER 27, 1999 Notice To All Bidders: Each Bidder is required, pursuant to the conditions of the PROPOSAL, to list this and all subsequent Addenda on the PROPOSAL. This Addendum is hereby made a part of the Contract Documents to the same extent as though it were originally included therein. This ,Addendum consists of these 6 pages with the attached Appendix III of 124 pages. Please note the following clarifications and revisions to the Project Manual and Drawings. 1. REVISIONS TO THE PROJECT MANUAL 1.1 Reception of Bids: Deadline Extension A. Legal Documents, Section A — Notice Inviting Sealed Bids, Page A-1: Replace "....the hour of 2 p.m. on September 30, 1999." with "......the hour of 2 p.m. on October 7,199 (Page included). 1.2 Asbestos Abatement and Lead Specifications A. Table of Contents — 5: Add "Appendix III (Title Page)". Add "Asbestos Abatement and Lead Specifications". (Page included). B. Legal Documents, Table of Contents, Section E, Part 3 — Construction Methods: Add "Appendix III — Asbestos Abatement and Lead Specifications". (Page included). C. New Page: Add "Appendix III" to back of Project Manual. (Page included). 3350 East Birch, Suite 201 Brea, California 92821-6267 (714) 524-6396 FAX (714) 524-8731 Page 1 of 6 B RENOVATION OF THE HUNTINGTON BEACH CITY GYMNASIUM AND POOL ADDENDUM #1 D. Now Pages: Add "Asbestos Abatement and Lead Specifications", 124 pages, to back of Project Manual. (Pages included as attachment behind page 6). 2. REVISIONS TO THE DRAWINGS .- 2.1 Asbestos Containing Flooring Removal A. Sheet Nl .1, Master List of Keynotes, Keynote 2.21: Replace note "(NOT USED)" with "FLOOR COVERING/LINOLEUM. MATERIAL KNOWN TO CONTAIN ASBESTOS, COMPLY WITH ASBESTOS ABATEMENT SPECIFICATIONS IN PROJECT MANUAL" B. Sheet A3.1: 1. Keynotes: Add new note "2.21 FLOOR COVERING/LINOLEUM. MATERIAL KNOWN TO CONTAIN ASBESTOS. COMPLY WITH ASBESTOS ABATEMENT SPECIFICATIONS IN PROJECT MANUAL:' 2. Demolition Floor Plan, Room 141; Add Keynote " 2.21 �SEo ARCyi t, 0Q Ks ydw , AFC, ;• J�o a�;. J► i O. C 3361 * REN. !0 LP ' . ARCHITECT DAVID B. Y'DEEN, C-13361 Y'DEEN/ASSOCIATES, ARCHITECTS Bidder Acknowledge: Company Name By Date Page 2 of 7 SECTION A NOTICE INVITING SEALED BIDS for the RENOVATION OF THE CITY GYMNASIUM ,AND POOL BUILDING PHASE 2 CASH CONTRACT No. 1043 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above -stated project and will receive such bids in the office of the City Clerk, Second FIoor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2 p.m. on -October 7. 1999. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a 1$ 50.00 nonrefundable fee if picked up, or payment of a $180.00 nonrefundable fee if mailed. This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Goverment Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sett, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. ADDENDUM #1, rrEM 1.1, A Page 3 of 6 v DIVISION TITLE PAGES DIVISION 15 — ELECTRICAL 16010 BASIC ELECTRICAL REQUIREMENTS.................................................................9 16060 MINOR ELECTRICAL DEMOLITION................................................................. .2 16111 CONDUIT ......._----•-•.................................................................. ...................8 16112 SURFACE RACEWAYS ........................................................................................... 3 16118 DUCTSANK............. ........................._.........................-•-•--.........................•...4 16123 BUILDING WIRE AND CABLE .......................................................................5 16130 BOXES........................................................................................... 16141 ...............5 WIRING DEVICES......................................................•----•--•......................_........6 16160 CABINETS AND ENCLOSURES..........................•--•-•-----......................-----•------.--...2 16170 GROUNDING AND BONDING................................................•------------•...................3 16180 EQUIPMENT WIRING SYSTEMS................................................................_...........2 16190 SUPPORTING DEVICES...............•---..........................................................2 15195 ELECTRICAL IDENTIFICATION .................... ...2 16421 UTILITY SERVICE ENTRANCE ............................................................................... 3 16426 DISTRIBUTION SWITCHBOARDS..........................................................................4 16441 ENCLOSED SWITCHES.................................•-------•..........................--••-•----• ...3 16450 SECONDARY GROUNDING ......................................................... ......................2 16470 PANELBOARDS.............•--....................................-----........................................----.3 16476 ENCLOSED CIRCUIT BREAKERS ........................ ...3 16480 MOTOR CONTROL.............................................................................................4 16485 CONTRACTORS.....................................•-•--...........................................................:2 16510 INTERIOR LUMINAIRES......................................•..........................•---...._...............6 16720 INTRUSION DETECTION SYSTEMS ..... ................................................................ a 16760 COMMUNICATION SYSTEM..................................•---------..............................••---....6 APPENDIX I (TITLE PAGE) .............................................. 1 ........................................................... FEDERAL LABOR STANDARDS PROVISIONS.........................................................................3 GENERAL DECISION: WAGE DETERMINATION.....................................................................19 APPENDIX If (TITLE PAGE) .............................. ...............1 LEAD SAMPLE COLLECTION PROJECT SUMMARY REPORT...............................................62 APPENDIX III (TITLE PAGE) ...................................................................................................... 1 ASBESTOS ABATEMENT AND LEAD SPECIFICATIONS.........................................................124 ADDENDUM R, rMM 1.2. A MA, A 45-12) TABLE OF CONTENTS — S Page 4 of 6 SECTION 203 —BITUMINOUS MATERIALS .................................. ................E-20-21 PART 3 CONSTRUCTION METHODS SECTION 300 -- EARTHWORK...................................................................... E-22 SECTION 302 — ROADWAY SURFACING ..............................................E-23-25 SECTION 303 — CONCRETE AND MASONRY CONSTRUCTION............ E-25 SECTION 306 — UNDERGROUND CONDUIT CONSTRUCTION ......... E-26-27 SECTION 307 — STREET LIGHTING AND TRAFFIC SIGNALS ................ E-27 SECTION 310 — PAINTING........................................................................E-27-28 TECHNICAL SPECIFICATIONS: DIVISIONS I THROUGH 16 APPENDIX I Federal Labor Standards Provisions General Decision: Wage Determination APPENDIX II Lead Sample Collection Project Summary Report APPENDIX III Asbestos Abatement and Lead Specifications ADDENDUM# 1. ITEM U B Page 5 of 6 APPENDIX III ADDENDUM 0, MM LZ C (Y/A, A 45-12) APPENDIX III Page 6 of 6 PROOF OF PUBLICATION STATE OF CALIFORNIA) County of Orange I am a Citizen of the resident of the Cou over the age of eighte SS. United States and a my aforesaid; I am en years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: September 2, 1999 September 9, 1999 September 16, 1999 I declare, under penalty of perjury, that the foregoing is true and correct: Executed on September 16 , 1999 at Costa Mesa, California. W eI-Fr, M L L SECTION A NOTICE INVITING SEALED BIDS for the RENOVATION OF THE CITY GYMNASIUM AND POOL BUILDING PHASE 2 CASH CONTRACT No. 1043 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, in- vites sealed bids for the above stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2 p.m. on Septem- bar 30, 1999. Bids will be publicly open in the Council Chambers unless other- wise posted. Copies of the Plans, Specifications, and con- tract documents are avail- able from the Office of the Director of Public Works, 2000 Main Street, Hunt- ington Beach, CA 92648, upon payment of a $150.00 nonrefundable fee it picked up, or payment of a $$1. nonrefundable fee if mailed. This is a Davis -Bacon projects and the Federal Regulations will "be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Fed- eral Labor Standards; which are on file at the Of- fice of the Director of Public Works, 2000 Main Street; Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in • accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby af- firmatively ensures that mi- nority business enterprises will be afforded full op- portunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, The bid must be accom- panied by a certified check, cashier is check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of .the amount bid. The successful bidder shall be licensed in ac- cordance with provisions of the Business and Professions Code and shall possess a State Con- tractor's License Class at the time this contract is awarded. The successful Contractor and his subcon- tractors will be required to possess business licenses from the AGENCY. A mandatory pre -bid meeting and walk-through of the site will be held on Thursday, September 16, 1999, at 10:00 a.m. (meet on site), for the purpose of reviewing bid documents, receiving bidder questions and reviewing the site. ' Pursuant to the amended Public Contract Code Section 3400, Contractors are now required to submit all substitution requests for equal materials or systems prior to award of the con- tract during a period speci- fied in the bid documents. No substitution requests will - be considered after award of the Contract. Project Description: Renovation of the City Gymnasium and Pool Building, Phase 2 • The project schedule Is 200 working days. e The Engineer's estimate for the work included in the contract is $2,250,000.00. All questions shall be directed.to: David B. Y'Deen, Y'Deen/Associates, Architects, (714) 524-6396 The AGENCY reserves the right to reject any or all bids, to waive any ir- regularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 19th'day of July, 1999. Attest: Connie Brockway, CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published,kfuntington Beach -Fountain Valley Independent September 2, 9, 16, 1999 _,_. 091-356 Council/Agency Meeting Held: a /Zf % 7 - De�red/Continued to: op p�veP C%� iiailly„ Ao�veend❑Denied Council Meeting Date: July 19. 1999 zear"Ar44 - r"W V 14 j G bo. Y6 .s Signature Department ID Number: PW 99-066 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION y F. G SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS `-'-- SUBMITTED BY: RAY SILVER, City Administra A rrn --n rrs PREPARED BY: RON HAGAN, Director of Community Services h =� ROBERT F. BEARDSLEY, Director of Public rksC� T- DAVID BIGGS, Director of Economic Development o p SUBJECT: AUTHORIZE ADVERTISEMENT FOR THE CITY G M & POOL RENOVATION - PHASE TWO, CC-1043 Statement of Issue, Funding Source, Recommended Action, Alternative Actlon(s), Analysis, Environmental Status, Statement of Issue: Should the City Council approve the plans and specifications for the City Gym & Pool Renovation - Phase Two, CC-1043, and authorize staff to advertise the project for bidding? Funding Source: The renovation will be funded with a Federal Housing and Urban Development (HUD) loan under the Section 108 Program. On January 5, 1998, City Council approved the acceptance of this loan and the 20-year repayment schedule using future Community Development Block Grant entitlements. Recommended Action: Motion to: 1 Approve the project plans and specifications and authorize the Director of Public Works to request bids for the City Gym & Pool Renovation - Phase Two, CC-1043; 2 Approve the attached Sample Construction Contract, subject to award of the contract to the lowest responsive/responsible bidder. Alternative Action(s]: Motion to: Forego approval at this time, forfeit the Section 108 Federal Loan, and direct staff on how to proceed with the project. Analysis: The City Gymnasium & Pool is located at the intersection of 16th Street and Palm Avenue. On September 16, 1996, the City Council accepted the renovation improvements of Phase One, CC-902. The scope of Phase One included a significant amount of Code compliance work, including making the building accessible for the disabled. These improvements REQUEST FOR COUNCIL ACTION MEETING DATE: July 19, 1999 DEPARTMENT ID NUMBER: PW 99-066 included parking, exterior ramps, men's and women's restrooms and showers, doorways, and hardware. The balance of work focused on restoring the game room, offices, women's showers, upgrading deteriorated plumbing and electrical, and a partial roof replacement. This work was performed with sensitivity to the historical significance of the building. Since the completion of Phase One, the design architectural consultant, Y'Deen & Associates, has continued to develop the Phase Two renovation plans and specifications. This second and final phase of renovation will include interior restorations to all remaining rooms, including the gymnasium and pool with a complete historical restoration of the building exterior. All necessary approvals have been obtained including the Historic Resources Board, Design Review Board, and the Community Services Commission. It was noted during Phase One that termite, dry rot, and water intrusion damage was occurring at a rapid rate, much of it having occurred in the short time since the feasibility study. These conditions factored into the Phase Two restoration, equate to an estimated construction cost of $2.25 million. Plan review fees, inspection fees, construction management, supplemental expenditures, and a contingency increase to 15% make the current estimated cost for all work to be $2.57 million for Phase Two, which will complete the Restoration and Reconstruction of the City Gym and Pool. Public Works Commission Review: This project will be presented to the Commission at its regularly scheduled meeting of July 21, 1999. Environmental Status: The City Planning Department has reviewed this project and determined it to be Categorically Exempt pursuant to the California Environmental Quality Act, (Class 1; Section 15301 (a), (d)). A supplemental NEPA Certification has also been executed and will be included within the final loan processing to HUD. Attachment(s}: RCA Author. D.Stack:sar ATTACHMENT #1 SAMPLE FEDERALLY FUNDED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR THE CONSTRUCTION OF THE CITY GYM AND POOL RENOVATION, PHASE II; (CC 1043) PROJECT THIS AGREEMENT is made and entered into on this day of 1999, by and between the CITY OF HUNTINGTON BEACH, a Municipal Corporation of the State of California, hereinafter referred to as "CITY," and., ,a hereinafter referred to as "CONTRACTOR." WHEREAS, CITY solicited bids for a Public Works project, hereinafter referred to as "PROJECT," more fully described as the construction of the City Gym and Pool Renovation Project, Phase 11; (CC 1043) in the City of Huntington Beach, California; and The PROJECT to which the construction work covered by this contract pertains is being assisted by the United States of America and Federal Labor Standards Provisions are included In this Contract pursuant to the provisions applicable to such Federal assistance. Housing and Urban Development Act of 1968, as amended in 1992, Section 3, Title 24, Code of the Federal Regulations; Part 135, Economic Opportunities for Low- and Very Low - Income Persons, Section 3 contract clauses, the work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing; and CONTRACTOR has been selected and is to perform said work; 1 SAMPLE NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK: ACCEPTANCE OF RISK. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract. the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. CONTRACTOR agrees to send to each labor organization or representative of workers with which the CONTRACTOR has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the CONTRACTOR's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. CONTRACTOR agrees to include the Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is In violation of the regulations in 24 CFR part 135. CONTRACTOR will not subcontract with any subcontractor where CONTRACTOR has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. CONTRACTOR will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is 2 SAMPLE executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed were not filled to circumvent the CONTRACTOR's obligations under 24 CFR part 135. CONTRACTOR agrees and understands that noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts, and With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (1) preference and opportunities for training and employment subcontracts shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but in derogation of compliance with Section 7(b). CONTRACTOR shall furnish, at its own expense, all labor, plant, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the project, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connected with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be bome by CITY, and for well and faithfully completing the work within the stipulated time and in the manner 3 SAMPLE shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However, the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all of the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; S. Bonds covering the work herein agreed upon; C. The 1994 edition of Standard Specifications for Public Works Construction, published by Builder's News, Inc, 3055 Overland Avenue, Los Angeles, California 90034, and all amendments thereto, written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; 4 SAMPLE D. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); E. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the specifications and not indicated in the plans or indicated in the plans and not mentioned in the specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION. CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the contract documents, a sum not to exceed Dollars ($ ) as set forth in the Contract Documents, to be paid as provided for by the terms and conditions of this Agreement. 4. COMMENCEMENT OF PROJECT. CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within calendar days from the execution of this Agreement by CITY, excluding delays provided for herein. 5 SAMPLE 5. TIME OF THE ESSENCE. The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the contract Documents. CONTRACTOR shall prepare and obtain approval as required by the contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and conditions of this Agreement. CITY shall have complete control of the premises on which the work is to be perfcrmed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work on CONTRACTOR on the premises. 6. CHANGES. CONTRACTOR shall adhere strictly to the plans and specifications set forth in the contract documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, fumish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CONTRACTOR shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit Immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree 6 SAMPLE to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED. No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work site will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. B. BONDS. CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent (100%) of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished. 9. WARRANTIES. The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or 7 SAMPLE items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's. risk and expense. 10. MINIMUM WAGES. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3). the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shalt be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. 8 SAMPLE The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WHA 321) shall be posted at all times by the CONTRACTOR and its subcontractors at the site of the work in a prominent and accessible place where it con be easily seen by the workers. Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the ►gage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. If the CONTRACTOR and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HO or its designee or will notify HUD or its designee within the 30-clay period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) In the event the CONTRACTOR, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the 9 SAMPLE proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the CONTRACTOR shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. If the CONTRACTOR does not make payments to a trustee or other third person, the CONTRACTOR may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona Side fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the CONTRACTOR, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the CONTRACTOR to set aside in a separate account assets for the meeting of obligations under the plan or program (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 10 SAMPLE 11. PREVAILING WAGE LAW. The CITY has ascertained from the U. S. Department of Housing and Urban Development CHUD") the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this Public Works Agreement. CONTRACTOR agrees to secure payment of compensation to every employee. 12. WITHHOLDING. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the CONTRACTOR under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the CONTRACTOR or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, HUD or its designee may, after written notice to the CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased, HUD or its designee may, after written notice to the CONTRACTOR, disburse such amounts withheld for and on account 11 SAMPLE of the CONTRACTOR or subcontractor to the respective employees to whom the are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 13. HEALTH AND SAFETY. No taborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health standards promulgated by the Secretary of Labor by regulation. The CONTRACTOR shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). The CONTRACTOR shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The CONTRACTOR shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 14. PAYMENT OF TRAVEL_ AND SUBSISTENCE ALLOWANCE. Section 1773.8 of the Califomia Labor Code, regarding the payment of travel and subsistence payments, Is applicable to this PROJECT. 15. APPRENTICES AND TRAINEES. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not 12 SAMPLE individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the CONTRACTOR as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that In which its program is registered, the ratios and wage rates (expressed in percentages of the Journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship[ program, the CONTRACTOR will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 13 SAMPLE Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor. Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits. trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the CONTRACTOR will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. 14 SAMPLE 16. PAYROLLS AND BASIC RECORDS. Payrolls and basic records relating thereto shall be maintained by the CONTRACTOR during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the CONTRACTOR shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. CONTRACTORs employing apprentices or trainees under approved programs shall maintain written evidence of the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) The CONTRACTOR shall submit weekly for each week in which any contract work is performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the CONTRACTOR will submit the payrolls to the applicant, sponsor, or owner, as the case may be, for transmission to HUD or its designee. The 15 SAMPLE payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR Part 5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime CONTRACTOR is responsible for the submission of copies of payrolls by all subcontractors. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the CONTRACTOR or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: That the payroll for the payroll period contains the information required to be maintained under 29 CFR Part 5.5(a)(3)(1) and that such information is correct and complete; That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination Incorporated into the contract. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph A.3.(H)(b) of this section. 16 SAMPLE The falsification of any of the above certifications may subject the CONTRACTOR or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. The CONTRACTOR or subcontractor shall make the records required under paragraph A.3(1) of this section available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the CONTRACTOR or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to CONTRACTOR, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR Part 5.12. 17. WITHHOLDING FOR UNPAID WAGES AND LIQUIDATED DAMAGES. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime CONTRACTOR such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. 17 SAMPLE 18. LIQUIDATED DAMAGES/DELAYS. It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of working/calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ _ _ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth in section 4 herein, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses c would sustain in the event of an by reasons of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to Unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire. floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in Its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. 18 SAMPLE Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claim for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 19. SUBCONTRACTS. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. 20. INDEPENDENT CONTRACTOR. It is understood and agreed that the CONTRACTOR is, and shall be. acting at all times hereunder as an independent contractor and not as an employee of CITY. CONTRACTOR shalt secure, at its expense, and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment 19 SAMPLE compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees, and all business licenses, if any, in connection with the PROJECT. 21. DIFFERING SITE CONDITIONS. (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the contract documents; or (b) unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions to materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time extension: No claim of the CONTRACTOR under this section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 22. VARIATIONS IN ESTIMATED QUANTITIES. The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, If the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the fact and circumstances, 20 SAMPLE order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 23. PROGRESS PAYMENTS. Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payment of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW. less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a notice of completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 29 SAMPLE 24. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES. At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 25. AFFIDAVITS OF SATISFACTION OF CLAIMS. After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon p have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain times, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 26. WAIVER OF CLAIMS. The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 27. INDEMNIFICATION, DEFENSE, HOLD HARMLESS. CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole Negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 22 SAMPLE 28. WORKERS' COMPENSATION INSURANCE. Pursuant to Cafifomia Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 of seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred FiftyThousand Dollars (S250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall fumish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 29. INSURANCE. in addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shalt provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be 23 SAMPLE applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self - insured retention, or a'deductible" or any other similar form of limitation on the required coverage. 30. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS. Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: 'The above -detailed coverage Is not subject to any deductible orself-Insured retention, or any other form of similar type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 24 SAMPLE A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attomey for approval prior to any payment hereunder. 31. DEFAULT AND TERMINATION. If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes Insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 32. DISPOSITION OF PLAN, ESTIMATES AND OTHER DOCUMENTS. CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 33. NON -ASSIGNABILITY. CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25 SAMPLE 34. CITY EMPLOYEES AND OFFICIALS. CONTRACTOR shalt employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of Califomia Govemment Code sections 1090 et seq. 35. STOP NOTICES -RECOVERY OF ADMINISTRATIVE COSTS. CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and material s payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop notice filed in excess of two, regardless of whether or not CITY is named In an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 36. NOTICES. All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 37. CAPTIONS. Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 38. FEDERAL PARTICIPATION. The PROJECT pursuant to which the work covered by this Agreement is being executed is being assisted by the United States of America. Several contract provisions 26 SAMPLE embodied herein are included in this Agreement in accordance with the provisions applicable to such federal assistance. As federal funds are financing all or part of this work, all of the statutes, rules and regulations promulgated by the Federal Government and applicable to the work will apply, and CONTRACTOR agrees to comply therewith. 39. DAVIS-BACON ACT. CONTRACTOR agrees to pay and require all subcontractors to pay all employees on said PROJECT a salary or wage at least equal to the prevailing rate of per diem wage as determined by the Secretary of Labor in accordance with the Davis -Bacon Act (40 USC section 176a, et seq.) for each craft or type of worker needed to perform this Agreement. CONTRACTOR agrees to comply with all applicable federal labor standards provisions; said provisions are incorporated herein by this reference. 40. DISPUTES CONCERNING LABOR STANDARDS. Disputes arising out of the labor standards provisions of this contract. Such disputes shall be resolved in accordance with the with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the CONTRACTOR (or any of its subcontractors) and HUD or its designee, the U.S. Department of labor, or the employees or their representatives. 41. CERTIFICATION OF ELIGIBILITY. By entering into this contract, the CONTRACTOR certifies that neither it (nor he or she) nor any person or firm who has an interest in the CONTRACTOR's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 27 SAMPLE 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal Housing Administration transactions% provides in part "Whoever, for the purpose of...influencing in any way the action of such Administration —makes, utters or publishes any statement, knowing the same to be false —shall be fined not more than $5,000 or imprisoned not more than two years, or both" 42. DISCRIMINATION, MINORITIES, ALIENS. CONTRACTOR shall not discriminate nor allow its employees, agents, principals, or subcontractors to discriminate against any employee or applicant for employment on the basis of race, religious creed, national origin or sex. CONTRACTOR shall take affirmative steps to hire local qualified minority individuals when job opportunities occur and utilize local business firms when possible. 43. EQUAL EMPLOYMENT OPPORTUNITY. The CONTRACTOR will comply with all provisions of Executive Order 11246, as amended, and 29 CFR Part 30. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements. CONTRACTOR is required to have an affirmative action plan which declares that it does not discriminate on the basis of race, color, religion, creed, national origin, sex or age to ensure equality of opportunity in all aspects of employment. Section 503 of the Rehabilitation Act of 1973 (29 USC Section 701, et seq.) prohibits job discrimination because of handicap and requires affirmative action to employ and advance in employment qualified handicapped workers. 28 SAMPLE Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC Section 219 et seq.)prohibits job discrimination and requires affirmative action to comply and advance in employment (1) qualified Vietnam veterans during the first four (4) years after their discharge and (2) qualified disabled veterans throughout their working life if they have a thirty percent (30%) or more disability. To ensure compliance with these requirements, the CONTRACTOR shall provide the City with its written affirmative action plan prior to commencement of work. The CONTRACTOR is required to provide the CITY with a listing of its subcontractors together with a completed affirmative action program from each subcontractor when applicable. 44. COPELAND "ANTI -KICKBACK" ACT. CONTRACTOR and its subcontractors shall comply with the requirements of 29 CFR Part 3, which Act provides that each shall be prohibited from including, by any means, any person employed in the construction, completion. or repair of public work, to give up any part of the compensation to which he is otherwise entitled. 45. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. The CONTRACTOR shall comply with the provisions of Section 103 and 107 of the contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as supplemented by Department of Labor regulations (29 CFR, part 5). Under Section 103 of the Act each CONTRACTOR shall be required to compute the wages of every mechanic and laborer on the basis of a standard workday of eight (8) hours and standard workweek of forty (40) hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or forty (40) hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, 29 SAMPLE or dangerous to his health and safety as determined under construction, safety and health standards promulgated by the secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market or contracts for transportation. As used in this section, the terms "laborers" and "mechanics" include watchmen and guards. 46. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT. (a) CONTRACTOR stipulates that all facilities to be utilized In the performance of this Agreement were not listed, on the date of contract award, on the United States Environmental protection Agency (EPA) List of Violating Facilities, pursuant to 40 CFR 15.20. (b) The CONTRACTOR agrees to comply with all of the requirements of Section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. (c) The CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, office of Federal Activities, EPA, indicating that a facility to be utilized pursuant to this Agreement is under consideration to be listed on the EPA List of Violating facilities. (d) The CONTRACTOR agrees to include or cause to be included the requirements of paragraph (a) thorough (d) of this section in every nonexempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 30 SAMPLE 47. ENERGY CONSERVATION. Agreements with federal participation shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy policy and conservation Act (42 USC Section 6201, et seq. ). 48. HOUSING AND URBAN DEVELOPMENT. CONTRACTOR agrees to comply with any and all rules, regulations, guidelines, procedures and standards of the United States Department of Housing and Urban Development and complete any and all reports and forms that may be required in accordance therewith. 49. SUBCONTRACTS. The CONTRACTOR or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5. 50. CONTRACT TERMINATION; DEBARMENT. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 51. COMPLAINTS, PROCEEDINGS, OR TESTIMONY BY EMPLOYEES. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of the Contract are applicable shall be discharged or in any other manner discriminated against by the CONTRACTOR or any subcontractor because such employee has fled any complaint or instituted or caused to be instituted any proceeding or has testified or is 31 SAMPLE about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. 52. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME REQUIREMENTS. No CONTRACTOR or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she Is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate no less than one and one-half times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is greater. 53. VIOLATION: LIABILITY FOR UNPAID WAGES: LIQUIDATED DAMAGES. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the Distract of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. 32 SAMPLE 54. LEGAL SERVICES SUBCONTRACTING PROHIBITED. CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY and CITY shall not be liable for payment of any legal service expenses incurred by CONTRACTOR. 55. ATTORNEY FEES. In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney fees. REST OF PAGE NOT USED 33 SAMPLE 56. ENTIRETY. The foregoing represents the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: By: print name ITS: (circle one) Chairman/President/Vice President By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM. City Attorney INITIATED AND APPROVED: 1 Director of Public Works 34 SAMPLE RCA ROUTING SHEET i INITIATING DEPARTMENT: Public Works SUBJECT: AUTHORIZE ADVERTISEMENT FOR THE CITY GYM & POOL RENOVATION -- PHASE TWO, CC-1043 COUNCIL MEETING DATE: July 19, 1999 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) (Signed in full by the CityAttomey) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attome) Not Applicable Certificates of Insurance (Approved by the CityAttomey) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (if applicable) Not Applicable Commission, Board or Committee Report (if applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWAIRR.PED Administrative Staff ( } ( ) Assistant City Administrator (Initial) ( } ( ) City Administrator (Initial) ( ) ( } City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: RCA Author Engle:Stack:Charlonne r - SECTION A NOTICE INVM',% SEALED BIAS for "t,* RENOVATION OF THE CITY GYfANASfUM AND POOL BUILDING PHASE 2 CASH CONTRACT No. 1043 In bw CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN etas the CITY OF HUNTINGTON BEACH, as AGENCY. In- vites se3led bids for 11w above sated project artd will re-cerve such bits In eve office of the City Clerk, Second Floor. 2oW M,3in Street, Huntington Beach. California92648. up to Yte hour of 2 p.m, on Septem- ber 30, 19N. Bids w-n be puDle,xy open In the Courcd Cttarvbers unless other- wise posted. . Copies of The Plans, speurflCa%ons. and con- tract documents are avail- able Irom the Of.ice of the Dire,ior of Public Works, 2000 Main Street. Ht nt- fngton Beach. CA 9' upon not. uftda:;le tee d picked up or payment of a . :t8).40 nomelundabte fee ; t q mailed. T-us 4 a t]avis-Bacon ' ppra;eC:s and the Fecerat Iteguiations will be en'orced. Any Con:racl errered into pursuart to eu; nonce writ incorporate Vke provisions of the Fed- veaich are On bletst MerOf' 6fe CI the DreMr of Public Vt'orks 2000 Main Sweet, HuM gton Beach. CA 1926". ' t9 AGENCY wit? deducl a 10% retention tram all progress payments. The Cortracor may substitute an escrow honer surety of equal value to the retention 1n accordance with Vie provisions of the California Government Code, Section 4590. The COMF111Ctor shall be beneficial owner of the Surety and shall receive any tlltn erest thereon, The AGENCY hereby at- firmativety ensures anal mi- nority business erterpnses will be alfon3ed lull op- portunity to submit bids in response to 11-4s notice and will not be discriminated against on the basis of race. color. national 0"n:- ancestry, sex. or religion in any consideration leading to the award of Contract. No bid stlall be con- Sidered unless It is prepared on the approved Proposal toms in con- tormance wish the Instruc- tions to Bidders. . The bid must be accom- panied by a cerlr'red check. cashiers Check, or bidderS borttf made payable to the AGENCY for an amount no less than 10 4 of Vie amount bid. The successful bidder shall be licensed in ac- coMance with provisions of the Business and Profession; Code and shas possess a Stale Con- tractors License Class at rite time this Contract is awarded The successhil Contractor and his subcon- tractors wil• be required to possess business licenses from the AGENCY. - A mandatory pre -bid meeting and walk-through of the site will. be he'd on Thuradoy, SW*mber 16, 1999, at 10:00 a.m. (meet on sere), for the purpose i� reviewing bid documents, recerving bidder gtrestrcns and reviewing the seta_ Pursuart to the amended Public Contract Code Section 3400. Conlract�rs alit now rega'red to submit all subsutution requests for equal ma'enals or systems prior to award of t" Con- tract during a period specd- bed In the bd docurriems No substitution reqursh will bo conaresrwl MW award of ttre Contract. 4:1014ot Descriptlon: 114moveaw of am CAY Gymnsoutn Arad Poo! Bui WIi Phase 2 e The project schedule IS 200 wort rig days. e The Engineers estimate for the work Included in the contract is S2.250,000.00. All questions shall be driected to: David B. Y'Deen, Y'DeenlAssociates, A•cnitects. (714) 524-6396 The AGENCY reserves tt'e right to reject any or all bids, to waive any if. regulanty and to take all bids uncer advisement lot a maximum penod of 60 d3Y�s. BY ORDER of the CITY . COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA. the 19th day Of ,fury. 1999. Attest: Connie Brock way, CITY CLERK OF THE CITY OF HUNTINGTON BEACH PuClished Hunlin9ton Beach -Fountain Valley Independent September 2, 9, 16, 1991 - 091-3S8 HUNTINGTON BEACH a FOUNTAIN VALLEY Indepadent THE NEWPORT BEACH • COSTAMESA PILOT Client Reference A Independent Reference # Dear Advertiser: Enclosed please find clipping of your ad from the first publication, beginning "Z S�1P If you need to make any changes or corrections, please call me at your earliest convenience. The cost of this publication will be Thanks for your cooperation and patronage. Sincerely, ;Judy Getting f Manager L Legal Advertising Department 18682 Beach Boulevard, Suite 160 Huntington Beach, CA 92648 (714) 965-3030 (714) 965-7174 FAX r 08/26/1999 16:e4 7145248731 Y'DEEN/AROUTECTS PAGE e2 a 7/9 9 SECTION A gIA/9I NOTICE INVITTIN'G SEALED 13IDS for the RENOVATION OF THE CITY GYMNASIUM AND POOL BUILDING PHASE 2 CASH CONTRACT No.1043 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GNEN that the CITY OF HUNTINGTON BEACH, as AGENCY, bivites sealed bids for the above -stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2 p.m. on September 30,1999. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Mahn Street, Huntington Beach, CA 92648, upon payment of a 150.00 nonrefundable fee if picked up, or payment of a $180.00 nonrefundable fee if mailed. This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a I0316 retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. A-1 CV26/1999 10:04 7145248731 Y'DEEN/ARCHITECTS PAGE V I 'Ihc bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance VN1th provisions of the Business and Professions Code and shall possess a State Contractoes License Class at the time this contract is awarded. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. .' A mandatory pre -bid meeting and walk-tl,.rough of the site will be held on Thursday, September 16,1999, at 10:00 a.m. (meet on site), for the purpose of reviewing bid documents, receiving bidder Questions and rctiicwing the site. Pursuant to the amended Public Contract Code Section 3400, Contractors are now required to submit all substitution requests for equal materials or systems prior to award of the contract during a period specified in the bid documents. No substitution requests will be considered after award of the contract. Project Descriptioa: Renovation of the CitYGymnasium and Pool Building, Pbase3 • The project schedule is M working days. • The Engineer's estimate forth-. work included in the contract is 2 250 000.00. All questions shall be directed to: David B. Y'Deen Y'DeenlAssociatcs, Architects (714) 524-6396 The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 121 day of Luly,1999. Attest: coacie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A•2 1 r N. FAX FROM: 1 CONNIE BROCKWAY, CITY CLERK CITY CLERK'S OFFICE CITY OF HUNTINGTON BEACH P O Box 19012000 Main Street Huntington Beach, CA 92648 HUNTINGTON BEACH (714) 536-5227 (714 374-1557 FAX Fax #: 949+646-5008 Date: �i 7 �! Number of Pages (including cover page): 3 By: puty City Clerk To: INTER ET ADDRESS: H.B. Independent ttn-1/www.ci.huntington-beach.ca.us Mike (Legals) OR http-//www.hbsurfcity.com/clerk Phone: 949+574-4251 Remarks: Urgent For your review Rep1 ASAP Please comment Per your request . Ce.- / 0 V-3 L-� 03 911� 7 97Formslfax f Y' DEEM / ASSOCIATES, ARCHITECTS ARCHITECTURE - PLANNING ADDENDUM # l TO THE PROJECT MANUAL AND DRAWINGS FOR THE: RENOVATION OF THE CITY GYM AND POOL BUILDING PHASE 2 CASH CONTRACT NUMBER 1043 CITY OF HUNTINGTON BEACH (Y/A 45-12) DATED: SEPTEMBER 27, 1999 Notice To All Bidders: Each Bidder is required, pursuant to the conditions of the PROPOSAL, to list this and all subsequent Addenda on the PROPOSAL. This Addendum is hereby made a part of the Contract Documents to the same extent as though it were originally included therein. This Addendum consists of these 6 pages with the attached Appendix III of 124 pages. Please note the following clarifications and revisions to the Project Manual and Drawings. 1. REVISIONS TO THE PROJECT MANUAL 1.1 Reception of Bids: Deadline Extension A. Legal Documents, Section A — Notice Inviting Sealed Bids, Page A-1: Replace "....the hour of 2 p.m. on September 30, 1999." with "......the hour of 2 p.m. on October 7. 1999." (Page included). 1.2 Asbestos Abatement and Lead Specifications A. Table of Contents — 5: Add "Appendix III (Title Page)". Add "Asbestos Abatement and Lead Specifications". (Page included). B. Legal Documents, Table of Contents, Section E, Part 3 — Construction Methods: Add "Appendix III — Asbestos Abatement and Lead Specifications". (Page included). C. New Page: Add "Appendix III" to back of Project Manual. (Page included). 3350 East Birch, Suite 201 Brea, California 92821-6267 (714) 524-6396 FAX (714) 524-8731 Page l of 6 RENOVATION OF THE HUNTINGTON BEACH CITY GYMNASIUM AND POOL ADDENDUM #1 D. New Pages: Add "Asbestos Abatement and Lead SpecificatioiW% 124 pages, to back of Project Manual. (Pages included as attachment behind page 6). 2. REVISIONS TO THE DRAWINGS 2.1 Asbestos Containing Flooring Removal A. Sheet N1.1, Master List of Keynotes, Keynote 2.21: Replace note "(NOT USED)" with "FLOOR COVERING/LINOLEUM. MATERIAL KNOWN TO CONTAIN ASBESTOS, COMPLY WITH ,ASBESTOS ABATEMENT SPECIFICATIONS IN PROJECT MANUAL." B. Sheet A3.1: 1. Keynotes: Add new note "2.21 FLOOR COVERING/LINOLEUM. MATERIAL KNOWN TO CONTAIN ASBESTOS. COMPLY WITH ASBESTOS ABATEMENT SPECIFICATIONS IN PROJECT MANUAL" 2. Demolition Floor Plan, Room 141: Add Keynote Bidder Acknowledge: Company Name �SED ARr% v\o0(t00Ks J �•• F• r O. C 3361 HEN ' cP•'• 9TFOF CA��F�� ,ARCHITECT DAVID B. Y'DEEN, C-13361 Y'DEEN/ASSOCIATES, ARCHITECTS By Date Page 2 of 7 SECTION A NOTICE INVIUNG SEALED BIDS for the RENOVATION OF THE CITY GYMNASIUM AND POOL BUILDING PHASE 2 CASH CONTRACT No. 1043 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above -stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the how of 7 p.m. on October 7, 1999. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a 15 .OQ nonrefundable fee if picked up, or payment of a S180.00 nonrefundable fee if mailed. This is a Davis -Bacon project and the Federal Regulations will be enforced. Any contract entered into pursuant to this notice will incorporate the provisions of the Federal Labor Standards, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. ADDENDUM 01, MM 11, A Page 3 of 6 DIVISION TITLE PAGES DIVISION 16 — ELECTRICAL 16010 BASIC ELECTRICAL REQUIREMENTS.................................................................9 16060 MINOR ELECTRICAL DEMOLITION.......................................................................2 16111 CONDUIT-------------•----.....................------------------.......................----...-------•-.................8 16112 SURFACE RACEWAYS ................................. 3 16118 DUCTBANK... .......... 4 16123 BUILDING WIRE AND CABLE .................................•-• , ...................--••-•----- .5 16130 BOXES ....................•-----..............................---.......................•---•-.••-• ...............5 16141 WIRING DEVICES ...................... -----•...............................•---.....................--••------6 16160 CABINETS AND ENCLOSURES...........................................................••------...---•--.2 16170 GROUNDING AND BONDING---------------•---.....................-•------------ ...................3 16180 EQUIPMENT WIRING SYSTEMS...................................................................... 2 16190 SUPPORTING DEVICES............................................................. .. .....................2 16195 ELECTRICAL IDENTIFICATION .................... .....2 16421 UTILITY SERVICE ENTRANCE.............................................................................. 3 16426 DISTRIBUTION SWITCHBOARDS ....................... ................................................... 4 16441 ENCLOSED SWITCHES ................................ ...3 16450 SECONDARY GROUNDING--------------------------------------------------------- 2 16470 PANELBOARDS .......................................................................................... 3 16476 ENCLOSED CIRCUIT BREAKERS..........................................................................3 16480 MOTOR CONTROL .................... ----- ... ............................................ ............... .......4 16485 CONTRACTORS ................ ...... ..... 2 16510 INTERIOR LUMINAIRES......................................................... .. ..........6 16720 INTRUSION DETECTION SYSTEMS . ........................................•-....................---6 16760 COMMUNICATION SYSTEM 6 APPENDIX I (TITLE PAGE) ..... .................................... ................................................................ 1 FEDERAL LABOR STANDARDS PROVISIONS.........................................................................3 GENERAL DECISION: WAGE DETERMINATION ........................................ 19 APPENDIXIf (TITLE PAGE)......................................•-----.............................--------------................1 LEAD SAMPLE COLLECTION PROJECT SUMMARY REPORT...............................................62 APPENDIX III (TITLE PAGE) ...................................................................................................... 1 ASBESTOS ABATEMENT AND LEAD SPECIFICATIONS.........................................................124 ADDENDUM All, ITEM 1.2. A (Y/A, A 45-12) TABLE OF CONTENTS — 5 Page 4 of 6 SECTION 203 — BITUMINOUS MATERIALS ............................... E-20-21 .................... PART 3 CONSTRUCTION METHODS SECTION 300 -- EARTHWORKK...................................................................... E-22 SECTION 302 — ROADWAY SURFA.CING.................................................. E-23 25 SECTION 303 — CONCRETE AND MASONRY CONSTRUCTION............ B 25 SECTION 306 — UNDERGROUND CONDUIT CONSTRUCTION ......... E-26-27 SECTION 307 — STREET LIGHTING AND TRAFFIC SIGNALS ................ E-27 SECTION 310 — PAINTING.....................................................................E-27-28 TECHNICAL. SPECIFICATIONS: DIVISIONS I THROUGH 16 APPENDIX I Federal Labor Standards Provisions General Decision: Wage Determination APPENDIX II Lead Sample Collection Project Summary Report APPENDIX III Asbestos Abatement and Lead Specifications ADDENDUM #1,1TEM LZ H Page 5 of 6 It m APPENDIX III ADDRiDUM it a -AM 1-Z, C (Y/A, A 45-12) APPENDIX III Page 6 of 6 P9/38/1999 15:eS 7145248731 Y L'r^L''/HM%.51'«''0 - sY. ?.. Y' DEEN_/ AS_SQ_C!A_TESLARCH1_TEC_TS W �tv ARCHITFCTURF - PLANNING ADDENDUW �2 TO THE PROJECT MANUAL AND DRAWINGS FOR THE: RENOVATION OF THE CITY GYM AND POOL BUILDING PHASE 2 CASH CONTRACT NUMBER 1043 CITY OF HUNTINGTON BEACH (Y/A 45-12) DATED: SEPTEMBER 30, 1999 Notice To All Bidders: Etch Bidder is required, pursuant to the conditions of the PROPOSAL, to list this and all subsequent Addenda on the PROPOSAL. This Addendum is hereby made a part of the Contact Documents to the same extent as though it were originally included therein. Please note the following clarifications and revisions to the Project Manual and Drawings. 1. REVISIONS TO THE PROJECT MANUAL None for this Addendum.. 2. REVISIONS TO THE DRAWINGS 2.1 Demolition of Ceiling Grid A. Sheet A4.1, Reflected Ceiling Plan, Room 107: Add Keynote with modifier -2.14 DEMO, SIM, CEILING GRID NVITH FASTENERS." 2.2 Ceramic Tile Repairs in Swimming Pool — Room 130 A. 'Sheet A3.2 — Floor Plan, Swimming Pool — Room 130, At Keynote 9.12: Add modifier note "THIS ROOM: AREA OF TILE TO BE REPLACED TO EQUAL 15% OF GROSS AREA OF TILE IN THIS ROOM. REPLACE TO MATCH ALL FIELD, BASE, AND COPING UNITS THAT ARE UaSSING, DEFECTIVE, OR MIS -MATCHED. REGROUT ALL MISSING AND ERODED GROUT," 3350 East Birch. Suite 201 Brea. Calliomia 92821-6267 (714) 524-6396 FAX (714) 524-8731 page 1 of 16 V9/39/1999 15:66 7145248731 Y " VtLN1AKk- u i u,1 � RENOVATION OF THE HUNTINGTON BEACH CITY GYMNASIUM AND POOL ADDENDUNJ #2 2.3 Concrete Steps and Paving Repairs A. Sheet A6.2, Detail 2-South Elevation: Portico; At Keynote 3.01: Add modifier note "BOTH SETS OF STEPS AND LANDINGS. RETAIN AND MATCH ALL JOINT PATTERNS: ' B. Sheet A6.2, Detail 2-South Elevation: Portico, At note " ''REPAIR ALL CRACKS....": Add note "DOCUMENT PHOTOGRAPHICALLY REPAIRS BEFORE AND AFTER TREATMENT TO INSURE MATCHING OF SURFACES" 2A One -Hour Construction A. Sheet A10.1, Interior Finish Schedule, Room 118, Notes: ,Add the following Note "NEW STUD WALLS SHALL BE l -HOUR CONSTRUCTION AND SHALL COMPLY WITH UNIFORM BUILDING CODE, CHAPTER 7, TABLE 7B, ITEM NO 15-1.1" 2.5 Acoustical Treatment; Dance/Meeting — Room 152 A Substitute System of Spray -Oa Acoustical Finish to the ceiling may be used in place of ,Acoustic Panels on the ceiling and walls that are shown and specified for this room. If the Spray -On System is selected the necessary changes to the Drawings are described at the following locations. A. Sheet A4.1— Reflected Ceiling Plan, Room 152: Delete 12 acoustic panels. At Keynote 2.24: Delete modifier note "4x4 ACOUSTIC...: ' and replace velar "SIM (NO PANELS), SPRAY -ON ACOUSTICAL FIMSH SEE CEILING NOTE 5" B. Sheet A4.1, Ceiling Notes: Add note "5. ACOUSTICAL SPRAY -ON SYSTEM SHALL BE `SONASPRAY FC' BY INTERNATIONAL CELLULOSE CORP. SUBMIT PRODUCT DATA AND ACTURAL S AMPLE PER SPEC SECTION 01300. INSTALL 1" THICK WITH A TAMPED FINISH. USE ONLY MFR APPROVED INSTALLERS, SURFACE PREPARATION, METHODS, AND MATERIALS-" Page 2 of 19 FS/30/lss9 RENOVATION OF THE HUNTINGTON BEACH CITY GYMNASIUM AND POOL ADDENDUM #2 C. Sheet A9.8 — Interior Elevations, Dance/Mecting — Room 152, Elevations 1, 2, 3, 4: Delete all acoustic panels -Aith notes and Keynotes 9.24. D. Sheet Al0.1—Interior Finish Schedule, Room I52 - Dance/Meeting Room, Notes: Add note "SPRAY -ON ACOUSTICAL FINISH SEE SHEET A4.1 REFLECTED CEILING PLAN & NOTE" 2.6 Existing Masonry Anchorage A. Sheet TS-1, Masonry Notes: Add the following note "12. ALL EXISTING BRICK VENEER SHALL BE RE- ANCHORED. REMOVE EXISTING HORIZONTAL MORTAR JOINTS TO Va DEPTH @ r-6" HEIGHT MAXIMUM, FIND ADJACENT EXISTING BRICK WHICH CENTERS ON STUD AND REMOVE ONE PER STUD @ I'- 4" WIDTH MAXIMUM. AFTER INSTALLATION OF REINFORCING WIRE AND NN1RE TIES PER DETAIL 5IS-4 REPLACE REMOVED BRICK AND INSTALL SOLID MORTAR ALL AROUND AND OVER REINFORCEMENT, POINT MORTAR JOINTS TO MATCH EXISTING" 2.7 Roof and Wall Framing A. Sheet S-1, Floor Framing Plan, South End of Building, Front Entry Wing, At each comer (2-locations): Delete Sheathed Wall "I" with detail (Page with partial plan included). B. Sheet S-2, Roof Framing Plan, South End of Building, Front Entry Wing, At each comer and extending into Gymnasium (2-locations): Replace existing ledger with 4A Add 4xg post, Add 4x10 strut. At Building Front: Add TS call -out and change brace note (Page with partial plan included). C. sheet S-3, Wall Elevation "2", At each end of wail (2-Iocatious): Add 4xg stud/post and strut detail (Page with elevation included). D. Sheet S-3, Wall Elevation "4". At floor anchor plate: Replace Key Note "24" with Key Note " 25" (Page with detail included). Patio 3 of 13 ,• ,e9/30/1999 15:e6 7145248731 Y-DEEN/ARCH11tLi5 1 RENOVATION OF THE HUNTINGTON BEACH CITY GYMNASIUM AND POOL ADDENDUM #2 E. Sheet S4, Detail 1: Revise connections, Add shear mailing, Add terra eotta support note (Page with detail included). F. Sheet S4, Detail 2: Add milers and revise connections to existing steel column (Page with detail included). G. Sheet S-4, Dctail 4: Add tube section and brace (Page with detail included). H. Sheet S4, Detail 5: Add screw embedment note 3" minx. (Page with detail included). I. Sheet S4, Detail 8: Add re -anchor note (Page with detail included). .I. Sheet S-4, Detail 9. Add re -anchor note (Page with detail included). K. Sheet S-4, Detail 13: Add strap with nailing (Page -with detail included). L. Sheet S4, Dctail 14: Add strap with nailing, Change ledger from (E) W to 4x8, Add plywood connection (Page with detail included). M. Sheet S-4, Detail 19: Revise plywood location note (Page Aith detail included). N. Sheet A9.2, Gymnasium Room 107, Elevation 2, At each upper corner (2- locations): Add strut (See applicable Structural wall elevation in this Addendum for location). Nge 4Of is 03/30/1599 15:06 7145248731 Y'CEEN/ARC;IITECTS r"Ulr- W," RENOVATION OF THE HUNTINGTON BEACH CITY GYMNASIUM AND POOL ADDENDLW Al2 Bidder Acknowledge: Company Name rSED ARCj�! �5J ;.-�IWOKs' ' R � REN.lO /o ylFOF CAt�t�� ARCHITECT DAVID B. Y'DEEN, C-13361 Y`DEEN/ASSOCIATES, ARCHITECTS By Date Page 5of18 1999 .15. 05. PSON ' HD$A' N SOUTH WAC WING ADDENDUM 92, ITEM 2.7, A PAGE 6 OF 19 15:E6 7145248731 ltr. f5- x DLL- ]2 5-4 .G . SIM. 114 r P. Ix I o TRUT :D it Ion R.J. dE IFY) i1 5-� TYI 2 (E Y'CEEN/ARCHITECTS PAGE B8 14 5-4 (E) 2"x8" R.J. C 16'' 0.( I VERIFY SIZE & SPACING IN FIELD, TYPICAL'' wj 2- W4 M.6, s-4 (a Z"o.r,.AT 7b P -ro ( N) epT1zn T OPT I R7 i�rrvL "' [N� Ts 5x2 NT 501"7. � SEE ] TAUT S-4 x W . U I O 1. J . S_3 :. rti Lid 4x, 0 STRUT [ N ? 4x8 TRUT 'ED ' �1 4 MAX. SIM. (E) 2" a„ R.J. 5-4 L.^! 4x Q ST UT (Id) 0.4 EDGER 'ED i4 $-4 Q JENDUM 92. ITEM 2.7. B PAGE 7 OF 13 26 TYP. !7 S -4 I m m_ 151TYP. 17 1? 1-4 $_4 ROaf FAR SIDE 45 Le Lic j S E E PL ANoi z7 20 32' -4' 14 YJ5 12 �L❑8 (8 PLACES) WALL ELEVATION SC AL E r %8 "-� _�'• ADDENDUM M2, ITEM 2.7, C PAGE E OF 1 1 WAL ADDENDUM 12. ITEM 2.7. D L ELEVATION SCALE: %a "=S' -0" AAOE 9 OF It Q to co m m r gOGD SHf G. 1,00 Ln ca in A N A m J w V 7l JV/1777 i.... vv .a+mow v. vw 3"x PL., 2- M.B. TO (E) RAFTER I � W. _\ -,I , (N) PLYWO. SHT/],. iN (N) 2x10 BLKG.. A35F (N) 3x8 CHORD, SEE. "12/-" FOR ADO'L. INFO. • A35 @ 16 rr 0 (N) 2x6 BLKG. �(N) PLYWOOD SHT 3 (F) 2 x6 ' STUD 1 As"� M.B. T. THRU A. VERT. T.S. COORD. LOCATION W/ T:C. CONTRACTOR , (N) 2x6 BRACES SEE ROOF FRAMING PLAN TYP CUT (E) 2" PL. (s) FOR RE -ANCHOR W/ (N) r4ar"gr NELSON STUD 3" FkuM ENO OF PL. (E) STRA (E) 8'- I -BEAM-" (E) 15 I -BE TO TS (N) VENEER ANCHOR. SEE 5 .Lax4x'5/wCONT. SHELF; I- :k- "o M.B. EA. TS -(N).-T.C. ANCHORS BY T.C.' CONTRACTO (N) WT3x7.5 & L's. NUMBER & SPCG. BY T.C. CONTRACTOR (N) T55x2x %, -0 SEE ROOF FR,4ID*PLAN TYP. T. , 2_12 PL. TO 8M. Y+." THK. CONT. PL. --(N) Y+" STIFF. PL. e . 24"± IN BRICK SOLDIE JOINTS -BRICK VENEER !4"V GACV.* WIRE IN ALT. JOINTS. HOOKED AROUND y� GALV. WIRE WELDED TO BEAD{ r ��TYP. T.AS. 9j� 2-6 �/ `PL. TO STIFF. NOTE • v ADDITIONAL MEMBERS NOT SHOWN OR SPECIFIED ON THESE DRAW( GS ABUT WHICH ARE REQUIRED FOR SUPPORT ON TERRA COTTA (T.C.) 'INCLUDING THEIR CONNECTIONS IS THE RESPONSIBILITY OF Tuin CONTRACTOR. .a . ca 0 a W (N) 3xNA ILER FULL HT: TO Top aF WALL W/ *)i4.#0 W.S.B. (! 2' --0" 0,C. AND 1' -0" FROM ENDS (N) HAILER ( CUT FIRCAJ GXG I W/ M*" pl W. S. Q. @ 4' _0" O.C. AND 1, _ , FROM ENDS n n� (N) 3 xG W/10$•"g --J W.S.B. @ 4'—O" O.C. b 1' --0" FROM ENDS A INI 2—SIMPSON 'PH08' W/ 2-%j"O THREACED ROD Its l "0it 5" DEEP HOLE IN CONC. ANCHOR W/ SIMPSON SET ' HIGH STRENGTH EPDXY PER ICBO ER5279 iEl 2x6 STUDS l t. (N) PLYWOOD SHTG:---"- PER PLAN INI 5xPOST PLAN BETA1 -E.N. ,e9/30/199S 15:85 714W4t37:i1 T Jr (N) PLYWD. SHT 15"=I SEA SEE i DIAG. BRACE SHOWN CUT FOR CLARITY. V3 (N) SIMPSON 'MST72' STF 8 26-16d NAILS TO (N) 3x ^3x SOLID BLKG. r-(N) 3xSOL ID BLKG. • iN) PL. T T-65. FLG.4� .4 E.N. E•N. TO BLKG. (N) PLYWOOD SHTG. (E) 2xSTUDS C(N) TS5x2x V+ CONT. WOOD FILLER LAN ETA I I ll�.,•=1► _0„ ADDENDUM M2, ITEM 2.7. G PAGE 12 OF 19 U7/JU/i777 id.VU rb-.r..+v.v. s:9 GAUGE GALV. WIR TIE TO EA. STUD d V-0 O.C. VERTICALL 160• LOOP EA. END #12 GALV. SCREW 3" MIN. EMBEDMENT #9 GAUGE GALV. WIRE CONT.=EMBEDDED MORTAR IN MIDDLE THIRD WIDTH OF MASONRY UNIT. BUTT SPLICE PERMITTED BETWEEN TIES. TYPICAL DETAIL FOR RE -ANCHORING EXISTING VENEER ADDENDUM 92, ITEM 2.7. H PAGE 13 OF 19 5 65/3�/19bb 15:t7b rty�[4ar.�1 ( N ) %" PLYWOOO SHT (E) t xSHTG.--, (E) 8xl2 SILL FOR SPLICE DETAIL -AT COL.- S g SIMPSON 'A35' 16" 0•-E E.N WOOD SIDING, SEE - ARCH. DWGS. V (E) STUDS B.N. (E) BRICK VENEE RE --ANCHOR PER 115 /_,. cM� .3xsaLto BLOCKING - ADDENDUM k2. ITEKI 2.7. I PAGE 14 OF 19 ADD PLYWOOD SHEAR WALL l ny�daii�� f�:�� 11Y.J[Y.7fJ1 � ✓�.....r„v�...r (E) SILL PL'. LAMELLA ROOF (E) BRICK VENEER REMOVE a REPLACE AS NECESSARY -�- (E ) STL. COL. RE-ANCHOR.BR[CK VENEER PER 5 ADDENDUM X2, ITEM 2.7, J PAGE 15 OF 18 0 07/3t7/1777 1:J.uo r a 1 L6.6j•t w'v .a.w.v y 110 .ALIGN W/ S TRIG`"' IN GYMNASIUM , (N) PLYWD. SH-T I� 1 D.N. (E I SH (N) 4x8 STRUT.----*' SHAPED (N) M BLKG. 0 4'-0" O.G* EA. SIDE OF STRUT, B.N. TO PLYWOOD SHTG. ADDENDUM 112, ITEM 2.7. K PAGE 16 OF 18 FULL LENGTH NAILS (E) VENEER9 RE --ANCHOR PER 5 -(N) 1 6GA. TWIST STRAP t 4' -0" O. . 4 10d EA. END P9/36/1999 15:86 7145248731 Y'DEEN/ARCHITECTS r-r+uC. I PROVIDE (N) M5T12 WHERE SPLICE Of FULL LENGTH NA[LS (E) LEDGER OCCURS (El VENEER. RE -ANCHOR (N) PLYWD. SHT PER $ (N) 16GA. TWISTS (E) SHT STRAP, 4-10d EA. END Q (W) 2x8 8LKG. @ 4'-0" B.N. TO PLYWOOD SHTG, (N) 4x8 LEDGER (N) 3x8 SOLID LAG BOLT/STUD BLOCKING A35 C 116 (E) 2 "W STUDS (N) PLYWOOD SH TG FROM CEILING TO ROOF (N) 2x8 SIMPSON 'CS16' CONT. ST SOLID BLKG. 10d La 5" O.C. (E) CEILING JOI .`.. C14 ADDENDUM a2, ITEM 2.8, L PAGE s7 QF i8 •8g/3 MS9 15:EG 7145248731 Y'DEEN/AiZGHi��l+1b (E) BRICK YENEE OERE OCCURS (E) 2" SOLID 6L (E) 2" SILL Pt.- (E) 10" CONC. S WALL ..t)S, ) PLYWOOD SHTG. E PLAN FOR LOCATION - �IEa (N) 20d Q 3" PREDRILL (E) 2" SILL PL. --E. N . `-(E) FIR. .FOIST '-�,—SIMPSON 'HFA' FOUNDATION P . SEE WALL ELEV. SIMPSON ; RFB $tAxG RETROFIT BOLTS IN ISISOq HOLES. ANCHN W/ SIMPSON HIGH STRENGTH EPDXY, TYP. 19 ADDENDLN 42. rM?-f 2.7. M PAGE 13 OF 18